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MANUAL    OF    PARLIAMENTARI    PKACTICE. 


RULES 


OF 


PROCEEDING  AND  DEBATE 


IN 


DELIBERATIVE  ASSEMBLIES. 


BY  LUTHER  S.  CUSHiM. 


t      -,    ..,  f  \ 


WITH  ADDITIONAL  NOTES  BY  THE  PUBLISHER, 

INCLUDING 

THE  CONSTITUTION  OF  THE  UNITED  STATES 

AND 

THE  DECLARATION  OF  INDEPENDENCE. 


NEH^  EDITION. 


Philadelphia  : 
PORTER    &    COATES. 


GIFT  OP 

C<»:)y:i'i{t'»t,  I'^ss,  by  WilUam  L.  Allboa. 


PUBLISHER'S  ADYERTISEIVIENT. 


This  new  edition  of  Cusldng^s  Parliamentary 
Manual  has  been  put  in  type  from  a  copy  of  the 
original  edition,  (now  out  of  copyright),  and  is  iden- 
tical in  matter  with  the  present  Boston  edition,  ex- 
cepting three  or  four  pages  of  comments  by  the 
author's  brother,  which  do  not  modify  the  text,  nor 
present  any  new  rule  of  proceeding  or  debate.  The 
Manual  was  so  thorough  and  complete,  as  it  came 
from  the  hands  of  its  author,  that  any  attempt  to 
revise  it  in  conformity  with  arbitrary  statutes,  or 
rules  made  for  a  particular  purpose,  but  having  no 
universal  application  to  parliamentary  law,  would 
be  not  only  presumptuous,  but  lead  to  confusion. 
The  additional  notes,  however,  which  are  enclosed 
in  brackets,  will  be  found  useful,  and  will  make  this 
edition  more  valuable  than  any  other.  Several  topics 
and  new  forms  not  treated  by  Mr.  Gushing  have 
't»een  introduced. 


ivil02500 


GUSHING  S    PARLIAMENTARY    MANUAL. 


NOTES    TO    THE    FIFTH   EDITION 


Closure  (Fr.  doture). — This  is  a  "vote  of  urgency" 
to  close  a  debate.    It  is  to  all  intents  and  purposes  the 
"  previous  question  "  of  American  parliamentary  law. 
The  motion  is  that  "  the  question  be  now  put,"  and  it 
can  be  carried  by  a  majority  of  100,  with  the  approval 
of  the  Speaker.    (222.)    The  Speaker  may  decide  that  the 
question  has  not  been  sufficiently  debated,  and  refuse  to 
apply  the  closure,  at  his  pleasure.     Under  the  second 
rule  of  procedure  in  the  Commons,  adopted  under  Mr. 
Gladstone's  direction,  only  the  Speaker  could  demand 
the  closure.     This  has  been  amended  so  as  to  transfer 
the  power  from  the  Speaker  to  any   member  of   the 
house. — The  Speaker  is  allowed  to  propose,  at  his  dis- 
cretion, the  previous  question  rule,  that  "the  question 
shall  be  put,"  but  the  division  cannot  be  taken  without 
the  consent  of  200  members,  or  with  the  opposition  of 
40    members,  when  more   than   100  favor    iL     These 
numerical    limitations   paralyze    the    operation    of    the 
"previous  question,"  which  is  feldom  called  for  in  the 
Commons.      Obstruction  is  almost  as  easy  under  the 
amended  as  it  was  under  the  old  rules,  and  debates  are 
as  interminable  as  ever.     This  is  likewise  the  case  in 
our  own    House   of    Representatives.      Debates   over 
childish  points  of  order  were  never  more  prolonged  than 
during  the  last  session  (1888-89)  of  the  Fiftieth  Con- 
gress.    Motions  for  the  previous  question,  to  call  the 
roll,  to  take  the  yeas  and  nays,  and  to  adjourn,  etc., 
almost  superseded  all  other  business  during  the  first 
month  of  the  session.     Never  was  a  more  ridiculous 
spectacle  presented  of  the  puerile  spirit  of  the  House, 
and  of  the  impotenceof  respectable  parliamentarians  to 
check  filibustering.     Thus,  on  January  11th,  a  whole 
session  was  consumed  over  Clause  5  of  Rule  XVI.,  in 
an  attempt  to  check  business  by  a  motion  for  adjourn- 
ment    The  rule  is  as  follows : — 


cushing's  parliamentary  manual. 


"  A  motion  to  fix  the  day  to  which  the  House  shall  adjourn,  a 
motioh  to  adjourn,  and  to  take  a  recess,  shall  always  be  in  order, 
and  the  hour  at  which  the  House  adjourns  shall  be  entered  on 
the  journal." 

Gen,  Weaver  :  "Always  in  order"  is  the  language  of  the 
rule. 

The  Speaker  :  But  the  House,  in  the  judgment  of  the  Chair, 
can  transact  no  business  until  its  journal  has  been  read.  It  has 
been  held  again  and  again  that  an  order  of  the  House  fixing 
the  day  to  which  the  House  shall  adjouni,  or  to  take  a  re- 
cess, is  the  transaction  of  busiaess,  and  requires  the  presence 
of  a  quorum. 

Gen.  Weaver  :  Let  the  journal  be  read. 

When  the  laughter  had  subsided,  the  Clerk  began  to  read 
the  journal.  He  had  hardly  begun  before  the  General  made 
the  point  of  order  that  it  must  be  read  in  extenso,  including 
the  yeas  and  nays.  The  Clerk  has  been  in  the  habit  of  omit- 
ting them.  The  Speaker  decided  that  he  must  read  the  yeas 
and  nays.  The  Clerk  picked  up  the  Coitgressionat  Record  for 
the  purpose  of  reading  them,  when  Gen  Weaver  made  the 
point  that  he  must  read  them  from  the  journal  and  not  from 
the  Record.  At  this  the  Clerk  began  to  read  them  from  the 
tally  sheet.  The  General  promptly  fired  off  another  point  of 
order.  It  was  that  they  must  oe  read  from  the  journal  and 
not  from  the  tally  sheet  Mr.  Randall  suggested  that  the 
tally  sheet  was  a  part  of  the  journal,  and  the  Speaker  so  de- 
cided. When  the  Clerk  finished.  Gen.  Weaver  moved  that 
when  the  House  adjourn  it  be  until  Monday. 

Similar  difficulties  are  eacountered  in  the  British 
Parliament,  and  the  rules  have  been  amended  so  as  to 
curtail  the  privilege  of  moving  the  adjournment.  The 
Speaker's  consent  must  be  obtained  lo  the  motion,  after 
a  written  application  has  been  hr.nded  in.  As  in  the 
ease  of  closure,  this  is  obviously  too  large  a  discretionary 
power  to  be  lodged  in  ihe  Chair.  The  great  restorative 
change  that  is  required  is  one  that  will  multiply  means 
of  action,  through  the  medium  of  standing  committees. 
This  is  the  most  efifective  way  of  transacting  business 
in  our  own  Congress.  The  vital  difference  between  the 
bulwarks  for  the  protection  of  minorities  in  the  British 
House  of  Commons  and  in  the  American  Congress  is 
the  longevity  of  the  former  body.  It  is  elected  for 
seven  years,  and  an  appeal  to  the  voters  against  the 
tyranny  of  majorities,  may  be  postponed  for  that  period. 
Our  House  is  elected  for  two  years  only,  and  f  he  rights 


6  cushing's  parliamentary  manual. 

of  minorities  are  buttressed  by  wall  after  wall  of  guar- 
antees in  the  Senate,  the  Execntive,  the  Constitution, 
both  Federal  and  State,  and  the  Supreme  Court.  (See 
Seekiona  174,  220,  221,  222,  of  this  Manual.) 


Power  of  the  House  over  thb  Journal. — Several 
correspondents  have  inquired  :   ''  When  the  proceedings 
of  the  previous  meeting  are    under   consideration   for 
adoption,  is  it  legal  to  alter  any  of  the  proceedings  of 
that  meeting  ?"     If  it  is  claimed  by  a  member  that  there 
is  an  error  in  the  minutes,  and  ho  moves  an  amend- 
ment, and  the  motion  is  seconded,  the  Chair  shall  put 
the  motion  to  the  assembly.     If  the  motion  is  sustained, 
the  Secretary  must  alter  tiie  minutes,  read  ihtm  to  the 
assembly  and  have  them  approved.     After  approval,  no 
BucceediRg  assembly   can  legally  or  fairly  alter  them. 
As  Daniel  Webster   maintained,  in   his  remarks  in  the 
Senate  of  the  United  States,  .laiiuary  16,  1J?37,  on  the 
Expunging   Resolution  :    "  Senators  from   other  States 
have  no  power  or  authority   to  expunge  any  vote  or 
votes  which   we  have  given  here,  and  which  we  have 
recorded  agreeably  to  the  express  provision  of  the  Con- 
stitution, that  '  Each  house    shall  keep  a  journal  of  its 
proceedings.'     If  ihe  Senate  may  expunge  one  part  of 
the  journal   of  a  former  session,  it  may  expunge  the 
whole  of  the  record   of  one  session  or  all   sessions." 
The  same  rule  applies  to  the  journal  of  every  delibera- 
tive body.  (See  Sections  26.  33,  56.  78,  92,  94,  111,  113. 
161,    264,  256.  257,   tor    analagous    proceedings).     But 
the  privilege  of  correcting  the  journal  is  often  exercised 
by   deliberative   bodies.     Thus,  in  the  House  of   Rep- 
resentatives.   December     11th,    1>*88,     Mr.    Hatch,    of 
Missouri,  asked  unanimoics  cortsent  for  the  consideration 
of  a  motion    for  the  correction  of  the  journal,  which 
failed  to  give  the  title  and  number  of  his  bill  for  the 
creation  of  the  Department  of  Agriculture,  though  the 
number  and  title  appeared  in  the    notes   from    which 
the  journal  was  compiled.     The  House  then  voted  to 
make  the  correction. 


TABLE  OF  CONTENTS. 


INTRODUCTION I  to  is 

CHAPTER  I. — Of  certain  Preliminarv  Matters,..  i6  to  25 

Sect.  I.  Quorum 171019 

Sect.  II.  Rules  and  Orders, 20  to  22 

Sect.  III.  Time  of  Meeting, 23 

Sect.  IV.  Principle  of  Decision, 24,25 

CHAPTER  II,— Of  the  Officers, 26  to  35 

Sect.  I.     The  Presiding  Officer 271030 

Sect.  II.  The  Recording  Officer, 31  to  3; 

CHAPTER  III.— Of  the  Rights  and  Duties  of 

Members, 36  to  41 

CHAPTER  IV. — Of  the  Introduction  of  Business,..  43  to  58 
CHAPTER  v.— Of  Motions  in  General 59  to  01 

CHAPTER  VI.— Of  Motions  to  Suppress, 62  1067 

Sect.  I,        Previous  Question, 631066 

Sect.  II.      Indefinite  Postponement, •• 67 

CHAPTER  VII.— Of  Motions  to  Postpone, 681072 

CHAPTER  VIII.— Of  Motions  to  Commit, 7310  77 

CHAPTER  IX.— Of  Motions  to  Amend 7810133 

Sect.   I,        Division  of  a  Question, 79  to    83 

Sect.  II.      Filling  Blanks, 8410    Sj 

Sect.  HI.     Addition  —  Separation — Transposition,    88  to   91 

Sect.   IV.      Modification,  &c.  by  the  Mover, 92,93 

Sect.  V        General  Rules  relating  to  Amendments,     94  to  toj 

Sect.  VI.      Amendments,  by  striking  out 10310112 

Sect,  VII.    Amendments,  by  inserting, 113  to  iji 

Sect.  VIII,  Amendments,  by  striking  out  and  in- 
serting,  122  to  127 

Sect    IX.      Amendments,  changing  the  nature  of  • 

question, ia8  t«  »3 j 


12  TABLE    OF    CONTENTS. 


CHAPTER  X.— Of  the  Order  and  Succession  of 

Business, «34  tc  i^7 

Sect.  I.       Privileged  Questions, 136  to  149 

A djcnirnntent, '37  to  140 

Questions  of  PrhnUge 141 

Orders  o/the  Day,..   142  to  149 

Sbct.  II.     Incidental  Questions, 15010165 

Questions  0/  Ordtr 151  to  154 

Keiuiiftg  0/  Pa/><rs • .    1 55  to  160 

IV ithdni-ival  0/ a  Mothn, 161  to  162 

Siis/^nsioH  0/ It  Kule, 163  to  164 

A  nundnunt  of  A  tferz/i^v  •*>, 165 

Ssr^.  III.     Subsidiary  Questions,  .- 166  to  187 

LU  on  Ou  TabU, - 171  to  173 

Pm'ious  Questio't, 1 74  to  175 

rost/>o>umfnt, 1 76  to  1 80 

Commitment,    18 1  to  193 

Amendment 184  to  1S7 

CHAPTER  XI  —Of  the  Order  ov  Prochbding,.-..«88  to  200 

CHAPTER  XII.— Of  Order  in  Debate, 201  to  23* 

Sect.   I.        As  to  the  Manner  of  Speaking 20310208 

Sect.   II-       A^  to  the  Matter  in  Speaking 209  to  214 

Sect.  III.     As  to  Times  ol  SiH-aking 215  to  219 

Sect.   IV.     As  to  Stoppinu  Debate 220  to  22* 

Sbct.  V.      As  to  Decorum  in  Debate 223  to  226 

Sbct.  VI.     As  to  Disorderly  Words 227  to  232 

CHAPTER  XIII.— Or  the  Question, 233  10249 

CHAPTER  XIV.— Op  Reconsideration 250  to  257 

CHAPTER  XV.— Of  Committees, 25810311 

Sect.  I.  Their  Nature  and  Functions, 25810262/ 

Sect.  II.  Thtir  Appointment,    26310272' 

Sect.  III.  Their  Organiiation,  &c 273  to  2S5  • 

Sect.  IV.  Their  Report, 28610296* 

Sect.  V.  Committee  of  the  Whole, 297  to  3  . 1 

CONCLUDING    REMARKS J«»  t03>& 

CONSTITUTION  OF  THE  UNITED  STATES 193 

DECLARATION  OF  INDEPENDENCE 220 


>    ,  I        I 


PARLIAMENTARY  PRACTICE. 


INTRODUCTION. 

1.  The  purposes,  whatever  they  may  be, 
for  which  a  deliberative  assembly  of  any  kind 
is  constituted,  can  only  be  effected  by  ascer- 
taining the  sense  or  will  of  the  assembly,  in 
reference  to  the  several  subjects  submitted  to 
it,  and  by  embodying  that  sense  or  will  in  an 
intelligible,  authentic,  and  authoritative  form. 
To  do  this,  it  is  necessary,  in  the  first  place, 
that  the  assembly  should  be  promptly  consti- 
tuted and  organized  ;  and,  secondly,  that  it 
should  conduct  its  proceedings  according  to 
certain  rules,  and  agreeably  to  certain  forms, 
which  experience  has  shown  to  be  the  best 
adapted  to  the  purpose. 

2.  Some  deliberative  assemblies,  especially 
those  which  consist  of  permanently  established 
bodies,  such  as  municipal  and  other  corpora- 
tions, are  usually  constituted  and  organized, 
at  least,  in  part,  in  virtue  of  certain  legal  pro- 


14  PAKI.lVMKVr  VRV    PRACTICE. 

*  I  (  t  . 

visions  ;  nliile  others,  of  an  occasional  or 
tf»D!jJoiar\  character, 'Siich  as  conventions  and 
political  meetings,  constitute  and  organize 
themselves  on  their  assembling  together  for 
the  purjK)ses  of  their  appointment. 

3.  The  most  usual  an<l  convenient  mode 
of  organizing  a  deliljcrative  assembly  is  the 
following: — The  members  being  assembled 
together,  in  the  ]>lace,  and  at  the  time  ap- 
pointed for  their  meeting,  one  of  them  ad- 
dressing liimself  to  the  others,  re«piests  them 
to  come  to  order;  the  members  thereupon 
seating  themselves,  and  giving  their  attention 
to  him,  he  suggests  the  projiriety  and  necessity 
of  their  being  organized,  before  proceeding  to 
l)usiness,  and  re(juests  the  members  to  nomi- 
nate some  ]>erson  t<>  act  as  chairman  of  the 
meeting;  a  name  or  names  being  thereuj)on 
mentioiwd,  he  declares  that  such  a  ])erson 
(whose  name  was  first  heard  by  him)  is 
nominated  for  chairman,  and  puts  a  (piestion 
that  the  person  so  named  be  requested  to  take 
the  chair  If  this  (piestion  should  be  decided 
in  the  ncirative,  another  nomination  is  then  to 
be  called  for,  and  a  fpiestion  put  upon  the  name 
mentioned  (being  that  of  some  other  person) 
as  before,  and  so  on  until  a  choice  is  effected. 


ORGANIZATION.  15 

When  a  chairman  is  elected,  he  takes  the 
chair,  and  proceeds  in  the  same  manner  to 
complete  the  organization  of  the  assembly, 
by  the  choice  of  a  secretary  and  such  other 
officers,  if  any,  as  may  be  deemed  necessary. 

4.  An  organization,  thus  effected,  may  be, 
and  frequently  is,  sufficient  for  all  the  purposes 
of  the  meeting  ;  but  if,  for  any  reason,  it  is 
desired  to  have  a  greater  number  of  officers, 
or  to  have  them  selected  with  more  delibera- 
tion, it  is  the  practice  to  organize  temporarily, 
in  the  manner  above  mentioned,  and  then  to 
refer  the  subject  of  a  permanent  organization, 
and  the  selection  of  persons  to  be  nominated 
for  the  several  offices,  to  a  committee ;  upon 
whose  report,  the  meeting  proceeds  to  organize 
itself,  conformably  thereto,  or  in  such  other 
manner  as  it  thinks  proper. 

[The  presiding  officer  is  called  the  "speaker" 
in  Congress,  and  in  the  lower  branches  of  all 
our  State  legislatures,  as  well  as  in  a  few  State 
Senates.  In  the  majority  of  State  Senates 
as  well  as  in  the  U.  S.  Senate,  he  is  deno- 
minated the  President.  In  both  Houses  of 
the  English  Parliament  he  is  called  Speaker ; 
the  Lord  Chancellor  is  Speaker  of  the  House 
ef  Lords  i    the    Commons    elect   their   owd 


16  PARLIAMENTARY    PRACTICE. 

Speaker,  whose  election,  on  the  following  day, 
must  be  approved  by  the  Lord  Chancellor, 
(representing  the  crown)  in  the  House  of 
Lords.  The  presiding  officer  is  figuratively 
denominated  the  chair  in  deliberative  as- 
semblies. The  chairman  of  a  town  meeting, 
and  of  religious  bodies,  is  freipiently  called  the 
Moderator —  K  n .  ] 

5.  The  presiding  officer  is  usually  denomi- 
nated the^^r^.'^jW^^jY,  and  the  recording  officer, 
the  secretary;  though,  sometimes,  these  officers 
are  designated,  res]>ectively,  as  the  cJiairman 
and  clerk.  It  is  not  unusual,  besides  a  presi- 
dent, to  have  one  or  more  vice-presidents ;  who 
take  the  chair,  occasionally,  in  the  absence  of 
the  president  from  the  assembly,  or  when  he 
withdraws  from  the  chair  to  take  part  in  the 
proceedings  as  a  member ;  but  who,  at  other 
times,  though  occupying  seats  with  the  presi- 
dent, act  merely  as  members.  It  is  frequently 
the  case,  also,  that  several  ])ersons  are  a|)- 
pointed  secretaries,  in  which  case,  the  first 
named  is  considered  as  the  principal  officer. 
All  the  officers  are,  ordinarily,  members  of  the 
assembly*  ;  and,  as  such,  entitled  to  participate 

*  In  legislative  bodies,  tlie  clerk  is  seldom  or  never  a 
member;  and.  in  some,  tlie  presiding  officer  is  not  a  mem- 
ber ;  as,  for  example,  in  the  Senate  of  the  United  States, 
the  Senate  of  New  York,  and  in  some  other  State  senates. 


« 


ORGANIZATION.  17 


in  the  proceedings  ;  except  that  the  presiding 
officer  does  not  usually  engage  in  the  debate, 
and  votes  only  when  the  assembly  is  equally 
divided. 

[The  Yice-Presiaent  of  the  United  States 
is,  by  Constitutional  provision,  President  of 
the  Senate  of  U.S.  In  the  event  of  his  death, 
absence,  or  of  the  office  of  President  of  the 
United  States  devolving  upon  him,  the  Senate 
may  elect  a  President  pro  tempore.  In  the 
British  House  of  Commons,  the  Clerk  is  ap- 
pointed by  the  Crown.  The  Speaker  elected 
by  the  House  at  the  instance  of,  and  to  be  aj?- 
proved  by  the  Crown,  {vide  note^  Par.  4),  does 
not  take  part  in  a  debate,  offer  his  opinion, 
or  vote  except  in  -case  of  equality,  when  he 
has  a  casting  vote.  The  Lord  Chancellor,  by 
virtue  of  his  office,  is  Speaker  of  the  Lords, 
and  in  his  absence,  the  Chairman  of  the  Com- 
mittee of  Ways  and  Means  takes  the  Chair  (as 
be  does  also  in  the  Commons,  in  the  Speaker's 
absence).  The  Speaker  is  not,  as  in  the  Lower 
House,  charged  with  the  maintenance  of  order, 
or  the  decision  of  who  is  to  be  heard,  which 
rests  with  the  House  itself.  He  can  take  part 
in  a  debate  ;  he  votes  on  divisions,  but  has  no 
casting  vote,  and  on  an  equality,  the  "  NoU' 
contents,"  or  Nays,  prevail. — Ed.] 


18  PARLIAMEXTARY    PRACTICE. 

6.  In  all  deliberative  assemblies,  the  mem- 
bers of  which  are  chosen  or  appointed  to  rep- 
resent others,  it  is  necessary,  before  proceed- 
ing to  business,  to  ascertain  who  are  duly 
elected  and  returned  as  members  ;  in  order  not 
onlv  that  no  person  maybe  admitted  to  parti- 
cipate in  the  proceedings  who  is  not  regularly 
authorized  to  do  so,  but  also  that  a  list  of  the 
members  may  be  made  for  the  use  of  the 
assembly  and  its  officers. 

« 

7.  The  proper  time  for  this  investigation  is 
after  the  temporary  and  bcfc^rc  the  perma- 
nent organization  ;  or,  when  the  asseml)ly  is 
permanently  organized,  in  the  first  histance, 
before  it  ])r()ceeds  to  the  transaction  of  any 
other  business;  and  the  most  convenient  mode 
of  conducting  it  is  by  the  apjwintment  of  a 
connnittee,  to  receive  and  report  upon  the  cre- 
dentials of  the  members.  The  same  commit- 
tee may  also  be  charged  with  the  investiga- 
tion of  rival  claims,  where  any  such  are  pre- 
sented. 

8.  When  a  ipiestion  arises,  involving  the 
right  of  a  member  to  his  seat,  such  member  is 
entitled  to  be  heard  on  the  question,  and  he  is 
then  to  withdraw  from  the  assembly  until  it  is 
decided  ;  but  if,  by  the.  indulgence  of  the  as- 


RULES    OF    PROCEEDING.  19 

sembly,  he  remains  in  his  place,  during  the 
discussion,  he  ought  neither  to  take  any  fur- 
ther part  in  it,  nor  to  vote  when  the  question 
is  proposed  ;  it  being  a  fundamental  rule  of  all 
deliberative  assemblies,  that  those  members, 
whose  rights  as  such  are  not  yet  set  aside, 
constitute  a  judicial  tribunal  to  decide  upon 
the  cases  of  those  whose  rights  of  membership 
are  called  in  question.*  Care  should  always 
be  taken,  therefore,  in  the  selection  of  the 
officers,  and  in  the  appointment  of  commit- 
tees, to  name  only  those  persons  whose  rights 
as  members  are  not  objected  to.  [*  "  Each 
house  shall  be  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members." — Sec. 
5,  (1)  Constitution  of  the  United  States.] 

9.  The  place  where  an  assembly  is  held 
being  \n  its  possession,  and  rightfully  appro- 
priated to  its  use,  no  j^erson  is  entitled  to  be 
present  therein,  but  by  the  consent  of  the 
assembly ;  and,  consequently,  if  any  person 
refuse  to  withdraw,  when  ordered  to  do  so,  or 
conduct  himself  in  a  disorderly  or  improper 
manner,  the  assembly  may  unquestionably 
employ  sufficient  force  to  remove  such  person 
from  the  meeting.  [VideJ^m\  316.] 

10.  Every  deliberative  assembly,  by  the 


20  PARLIAMENTARY    rRACTICE. 

mere  fact  of  its  being  assembled  and  consti- 
tuted, does  thereby  necessarily  adopt  and  be- 
come subject  to  those  rules  and  forms  of  pro- 
ceeding, without  which  it  would  be  impossi- 
ble for  it  to  accomplish  the  purposes  of  its 
creation.*  It  is  perfectly  comj)etent,  however, 
for  every  such  body — and  where  the  business 
is  of  considerable  interest  and  importance,  or 
likely  to  require  some  time  for  its  accomplish- 
ment, it  is  not  unusual — to  adopt  also  certain 
special  rules  for  the  regulation  of  its  proceed- 
ings. Where  this  is  the  case,  these  latter 
supersede  the  ordinary  parliamentary  rules,  in 
reference  to  all  points  to  which  they  relate ; 
or  add  to  them  in  those  particulars  in  refer- 
ence to  which  there  is  no  ])arliamentary  rule  ; 
leaving  what  may  be  called  the  common  par- 
liamentarv  law  in  full  force  in  all  other  re- 
spects. 

[*ln  England,  one  Parliament  can  bind  its 
successors  by  "  Standing  Orders,"  or  regula- 
lations,  adopted  at  different  periods,  relating 
to  internal  order,  introduction  of  bills  and 
promulgation  of  statutes.  A  standing  order 
endures  until  repealed,  (or  "  vacated,"  as  it  is 
called  in  the  Upper  House);  but  each  House 
is  also  in  tte  practice  of  agreeing  to  certain 


RULES    OF    PEOCEEDIXG.  21 

orders  or  resolutions  of  uncertain  duration 
declaratory  of  its  practice,  which  are  consider- 
ed less  formally  binding  than  standing  orders. 

In  the  United  States,  on  the  contrary,  each 
deliberative  body  adopts  its  own  rules,  and 
these,  excej3t  iis  precedents^  (which  necessarily 
exercise  a  great  moral  force),  are  not  binding 
on  its  successors,  or  on  any  other  assembly. 
But  all  recognise  the  binding  force  of  general 
parliamentary  law, without  which  every  numer- 
ous assembly  would  become  a  mob, — no  sys- 
tematic business  could  be  transacted  and  no- 
useful  legislation  would  be  possible. — Ed.] 

11.  The  rules  of  parliamentary  proceed- 
ings in  this  country  are  derived  from,  and  es- 
sentially the  same  with,  those  of  the  British 
parliament ;  though,  in  order  to  adapt  these 
rules  to  the  circumstances  and  wants  of  our 
legislative  assemblies,  they  have,  in  some  few 
respects,  been  changed, — in  others,  differently 
applied, —  and  in  others,  again,  extended  be- 
yond their  original  intention.  To  these  rules, 
each  legislative  assembly  is  accustomed  to  add 
a  cede  of  its  own,  by  which,  in  conjunction 
with  the  former,  its  proceedings  are  regulated. 
The  rules,  thus  adopted  by  the  several  legis- 
lative assemblies,  having  be^n  renewed  in  sue- 


22  PARLIAMENTARY    PRACTICE. 

cessive  legislatures, — with  such  extensions, 
modifications  and  additions  as  liave  been  from 
time  to  time,  thought  necessary, — the  result 
is,  that  a  system  of  j)arliamontary  rules  has 
been  established  in  each  state,  different  in 
some  }>articulars  from  those  of  every  otlier 
state,  but  vet  founded  in  and  embracinfr  all  tlie 
essential  rules  of  the  common  )>arliame'Uary 
law. 

12.  The  rules  of  ]iroceeding,  in  each  state, 
beim;  of  course  best  known  bv  the  citizens  of 
that  state,  it  has  sometimes  haj>pened  in  de- 
liberative assend>lies,  tliat  the  proceedings 
have  l>een  conducted  not  merelv  accordin<4  to 
the  general  parliamentary  law,  but  also  in  con- 
formity with  the  i)eculiar  system  of  the  state 
in  which  the  assembly  was  sitting,  or  of  whose 
citizens  it  was  composed.  This,  however,  is 
erroneous;  as  no  occasional  assembly  can  ever 
be  subject  to  any  other  rules,  than  those  which 
are  of  general  application,  or  which  it  speci 
ally  adopts  for  its  own  government ;  and  the 
rules  adopted  and  j>ractised  upon  by  a  legisla- 
tive assembly  do  not  thereby  acquire  the 
character  of  general  laws.     [Par.  10,  note.] 

13.  The  judgment,  opinion,  sense,   or  will 
of  a  deliberative  assembly  is  expressed,  accord 


RULES    OF    PROCEEDING.  23 

ing  to  the  nature  of  the  subject,  either  by  a 
resolution,  order,  or  vote.  When  it  com- 
mands, it  is  by  an  order ;  but  facts,  principles, 
its  own  opinions,  or  purposes,  are  most  proper- 
ly expressed  in  the  form  of  a  resolution  ;  the 
term  vote  may  be  applied  to  the  result  of 
every  question  decided  by  the  assembly.  In 
whatever  form,  however,  a  question  is  propos- 
ed, or  by  whatever  name  it  may  be  called,  the 
mode  of  proceeding  is  the  same. 

14.  The  judgment  or  will  of  any  number 
of  persons,  considered  as  an  aggregate  body, 
is  that  which  is  evidenced  by  the  consent  or 
agreement  of  the  greater  number  of  them; 
and  the  only  mode  by  which  this  can  be  as- 
certained, in  reference  to  any  particular  sub- 
ject, is  for  some  one  of  them  to  begin  by  sub- 
mitting to  the  others  a  proposition,  expressed 
in  such  a  form  of  words,  that,  if  assented  to  by 
the  requisite  number,  it  will  purport  to  ex- 
press the  judgment  or  will  of  the  assembly. 
This  proposition  will  then  form  a  basis  for  the 
further  proceedings  of  the  assembly  ;  to  be  as- 
sented to,  rejected,  or  modified,  according  as 
it  expresses  or  not,  or  maybe  made  to  express 
the  sense  of  a  majority  of  the  members.  The 
different  j^roceedings  which  ^ake  place,  from 


24  PARLIAMENTARY    PRACTICE. 

the  first  sul)mission  of  a  proposition,  tliroagb 
all  tlie  changes  it  may  undergo,  until  the  final 
decision  of  the  assenil>ly  upon  it,  constitute 
the  subject  of  tlie  rules  of  debate  and  ]u-oceed- 
ing  in  deliberative  assemblies. 

15.  If  the  }»roceedings  of  a  deliberative  as- 
sembly were  confined  to  the  making  of  ])ropo- 
sitions  by  the  indivi<lual  members,  and  their 
acceptance  or  rejection  by  the  votes  of  tlie 
assemblv,  there  would  be  verv  little  occasion 
for  rules  in  such  a  body  But  tliis  is  not  the 
case.  The  functions  of  the  members  are  not 
limited  to  giving  an  affirmative  or  negative 
to  such  questions  as  are  j)roposed  to  them. 
"When  a  })rop()sition  is  made,  if  it  be  not  agreed 
to  or  rejected  at  once,  the  assembly  may  be 
unwilling  to  cop.sider  and  act  uj)on  it  at  all  ; 
or  it  may  wish  to  postj)one  the  consideration 
of  the  subject  to  a  future  time ;  or  it  may  be 
willing  to  adopt  tlie  proposition  with  certain 
modifications ;  or,  lastly,  approving  the  subject- 
matter,  but  finding  it  presented  in  so  crude, 
imperfect,  or  objectionable  a  form,  that  it  can- 
not in  that  state  be  considered  at  all,  the  as- 
sembly may  desire  to  liave  the  proposition 
further  examined  and  digested,  before  being 
presented.     In  order  to  enable  the  assembly 


MAKING    OF    PROPOSITIONS.  25 

to  take  whichever  of  the  courses  above  indi- 
cated it  may  think  proper,  and  then  to  dispose 
of  every  proposition  in  a  suitable  manner,  cer- 
tain motions  or  forms  of  question  have  been 
invented,  which  are  perfectly  adapted  for  the 
purpose,  and  are  in  common  use  in  all  de» 
liberative  assemblies. 


26  PARLIAMENTARY    PRACTICE. 


CHAPTER  I. 

OF    CERTAIN    PRKLIMINARY    MATTERS. 

ir».  Before  enterino;  upon  the  subject  of  the 
forms  an<l  rules  of  proceeding,  in  the  trans- 
action of  business,  it  will  be  convenient  to 
consider  certain  matters  of  a  preliminary 
nature,  which  are  more  or  less  essential  to 
the  reirularity,  desj»atch,  and  etliciency  of  the 
proecedings. 

Section  I.     (Riorum.* 

[*  "  The  term  quorum  (literally,  of  ichom) 
is  one  of  the  words  used  in  England  in  the 
Latin  form  of  the  conimicsion  to  justices  of 
the  peace.  The  part  of  the  document 
wherein  the  word  occurs  reads  tlius  :  *  We 
have  assigned  you,  and  every  two  or  more  of 
you,  quoruhi  aliquem  vestrum,  A,  B,  C,  D, 
etc.,  loium  esse  vohmnis^ — i.  c,  of  trhom  we 
will  that  any  one  of  you,  A,  B  or  C,  etc., 
shall  be  one.'  This  made  it  necessary  that 
certain  individuals,  who,  in  the  language  of 
the    commission,   were    said    to    be    of   the 


QUORUM.  27 

quorum^  should  be  present  during  the  trans- 
action of  business." — Blackstone's  Cotmneti- 
taries,  I.  352.] 

17.  In  all  councils,  and  other  collective 
bodies  of  the  same  kind,  it  is  necessary,  that 
a  certain  number,  called  a  quorum,  of  the 
members,  should  meet  and  be  present,  in  order 
to  the  transaction  of  business.  This  regula- 
tion  has  been  deemed  essential  to  secure  fair- 
ness of  proceeding;  and  to  prevent  matters 
from  being  concluded  in  a  hasty  manner,  or 
agreed  to  by  so  small  a  number  of  the  mem- 
bers, as  not  to  command  a  due  and  proper 
respect. 

18.  The  number  necessary  to  constitute  a 
quorum  of  any  assembly  may  be  fixed  by  law, 
as  is  the  case  with  most  of  our  legislative  as- 
semblies; or  by  usage,  as  in  the  English 
House  of  Commons  [where  forty  constitute  a 
quorum  ;  in  the  House  of  Lords,  three]  ;  or  it 
may  be  fixed  by  the  assembly  itself ;  but  if 
no  rule  is  established  on  the  subject,  in  any 
of  these  ways,  a  majority  of  the  members 
composing  the  assembly  is  the  requisite  num- 
ber. 

19.  No  business  can  regularly  be  entered 
upon  until    a  quorum    is    present ;    nor   can 


2S  PARLIAMENTARY    PRACTICE. 

any  business  be  regularly  proceeded  with 
when  it  appears  that  the  members  present  are 
reduced  below  that  number;  consequently, 
the  j>residing  officer  ought  not  to  take  the 
chair  until  the  proper  number  is  ascertained 
to  be  })resei;t ;  and  if,  at  any  time,  in  the 
course  of  the  j)roceedings,  notice  is  taken  that 
a  quorum  is  not  })reseut,  and,  uj)on  the  mem- 
bers being  counted  by  the  })residing  officer, 
sucli  ai>pears  to  be  tlie  fact,  the  assembly 
must  be  immediately  adjourned.  [See  Yeas 
and  Nays,  Par.  26.]' 

Sect.  II.     lii  less  anu  Orders. 

20.  Every  deliberative  assembly,  as  has 
already  been  observed,  is,  bv  the  fact  alone 
of  its  existence,  subject  to  those  rules  of  pro- 
ceeding, without  which  it  could  not  accom- 
plish the  })urp08es  of  its  creation.  It  may 
also  provide  rules  for  itself,  either  in  the  form 
of  a  general  code  established  beforehand,  or 
by  the  adoption,  from  time  to  time,  during  its 
sitting,  of  such  special  rules  as  it  may  find 
necessary. 

21.  When  a  code  of  rules  is  adopted  before- 
hand,  it  is  usual  also  to  provide  therein  as  to 
the  mode  in  which  they  may  be  amended,  re- 


TIME    OF    MEETING.  29" 

pealed,  or  dispensed  with.  Where  there  is 
no  such  provision,  it  will  be  competent  for 
the  assembly  to  act  at  any  time,  and  in  the 
usual  manner,  upon  questions  of  amendment 
or  repeal ;  but  in  reference  to  dispensing  with 
a  rule,  or  suspending  it,  in  a  particular  case^ 
if  there  is  no  express  provision  on  the  subject, 
it  seems  that  it  can  only  be  done  by  general 
consent.  [A  motion  to  suspend  the  rules  is 
not  debatable.] — Ed. 

22.  When  any  of  the  rules,  adopter!  by  the 
assembly,  or  in  force,  relative  to  its  manner  of 
proceeding,  is  disregarded  or  infringed,  every 
member  has  the  right  to  take  notice  thereof 
and  to  require  that  the  presiding  officer,  or 
any  other  whose  duty  it  is,  shall  carry  such 
rule  into  execution  ;  and,  in  that  case,  the 
rule  must  be  enforced,  at  once,  without  de- 
bate or  delay.  It  is  then  too  late  to  alter,  re-, 
peal,  or  suspend  the  rule  ;  so  long  as  any  one 
member  insists  upon  its  execution,  it  must  be 
enforced. 

Sect.  III.     Time  op  Meeting. 

28.  Every  assembly,  which  is  not  likely  to 
finish  its  business  at  one  sitting,  will  find  it 
convenient  to  come  to  some  order  or  resolu- 


30  PARLIAMENTARY    PRACTICE. 

tion  beforehand,  as  to  the  time  of  reasseic 
bling,  after  an  adjournment ;  '♦  being  gener- 
ally embarrassing  to  fix  upon  the  lioiir  for 
this  jiurpose,  at  the  time  when  the  sitting  is 
abont  to  close,  and  m  connection  with  the 
motion  to  adjourn. 

Sect.  IV.     riiixciPLE  of  Decision. 

24.  The  princij)le,  upon  which  the  deci- 
sions of  all  affcrrei'ate  bodies,  such  as  councils, 
corporations,  and  deliberative  assemblies,  are 
made,  is  that  of  the  majority  of  votes  or 
suffrages ;  and  this  rule  liolds  not  only  in 
reference  to  questions  and  subjects,  which 
admit  only  of  an  afhrniative  on  one  side,  and 
a  negative  on  tlie  otlur,  but  also  in  reference 
to  eleciions  in  which  more  than  two  persons 
may  receive  the  suffrages. 

25.  But  this  rule  may  be  controlled  by  a 
special  lule  in  reference  to  some  particular 
subject  or  question;  by  which  any  less  num- 
ber tlian  a  majority  may  be  admitted,  or  any 
greater  number  required  to  express  the  will 
of  the  assembly.  Thus,  it  is  frequently  pro- 
vided, in  legislative  assemblies,  that  one-third 
or  one-fourth  only  of  the  members  shall  be 
sufficient  to  require  the  taking  of  a  question 


PRINCIPLE    OF    DECISIOX.  31 

by  yeas  and  nays,*  and,  on  the  other  hand, 
that  no  alteration  shall  take  place  in  any  of 
the  rules  and  orders,  without  the  consent  of 
at  least  two-thirds,  or  even  a  larger  number. 

[*  The  "  Yeas  and  Nays  "  is  a  mode  of  ex- 
posing to  their  constituents  the  votes  of  mem- 
bers of  representative  bodies  which  is  peculiar 
to  the  United  States  ;  it  is  not  practised  in 
the  English  parliament  and  other  transatlantic 
lescislatures ;  and  here  its  use  is  confined 
almost  exclusively  to  such  bodies. 

One  of  the  standing  rules  of  the  Senate  is 

as  follows,  viz.  : 

"  When  the  yeas  and  nays  shall  be  called  for  by  oue-fifth 
of  the  Senators  present,  each  Senator  called  upon  shall, 
unless  for  special  reasons  he  be  excused  by  the  Senate, 
declare  openly  and  without  debate  his  assent  or  dissent  to 
the  question.  In  taking  the  yeas  and  nays,  and  upon  a 
call  of  the  Senate,  the  names  of  the  Senators  shall  be 
called  alphabetically." 

But  there  is  no  rule  or  precedent  to  guide  the  Senate  as 
to  what  thev  mav  do  if  a  Senator  refuses  to  vote.  Sup. 
pose  he  is  called  again  and  again,  and  still  contumaciously 
stands  out  and  refuses  to  vote,  and  is  able  to  defeat  a  quo- 
rum by  that  course,  what  is  the  Senate  to  do,  or  what  can 
it  do?  There  is  no  time  to  pass  a  law  or  make  a  new 
rule— no  power  to  expel  or  punish  the  refractory  member 

Thus  it  is  sometimes  impracticable  to  se» 
cure  a  quorum  by  an  attempt  to  enforce  this 
rule,  as  appears  in  the  proceedings  of  the  sen- 

ate  February  23,  1871  : — 

At  10  P.  M.,  Mr.  Conkling,  late  as  it  was,  moved  that 
the  Senate  proceed  to  the  consideration  of  House  Bill  No, 
2.634,  which  was  a  bill  to  amend  the  act  passed  May  3]» 


32  I'ARLIAMKNl  AUY    rUACTlCE. 


1870.  entitled  "An  act  to  enfone  the  righto  of  ritizens  />f 
the  Unitofl  SuUo.'*  to  vote  In  the  several  Staten  of  thin 
T'nion  aiifl  for  (»llier  jiurj >««*(•!♦,"  known  iireneijilly  an  the 
**  Force  bill."  This  motion  wai*  rej*i>t«*«l  vigorously  by  the 
Democrat*  present,  of  whom,  out  of  a  total  of  eleven  in 
tlic  IkmIv.  only  four  were  then  in  their  seat,**,  viz.  :  MeK^rs 
Bavani,  (';.-serly.  .lohnston.  an«l  Tlmrni.'in. 

"fhere  were  not  Repuhiirans  eni>n);h  in  the  cliamber  to 
mnstitnt*'  a  quorum,  an«l  wlien  the  \ote  on  taking  up  tlie 
hill  was  Uik<-n,  ♦lie  four  Democrat}*  Mt  in  their  heatj*, 
and.  witha\iew  U)  defi-at  the  ronsidenition  of  the  hill. 
refr»iiie<l  from  xotin^:.  Wlien  the  vote  wan  ain)oun<ed 
the  pre^iilit)>;  ollher  (Mr.  Carj^ejiter)  !*tat«d  that  there  was 
not  a  quorum  volius— the  numl>er  f.'iilin;:  short  h\  two. 

The  veiu«  and  nay»  were  rall^xl  for  and  ordered,  and  tlie 
roll  rarte<I.  an«l  then  Mr.  Conklinp  said:  "  I  call  tlie  atten- 
tion of  tin-  .'<<-n:ite  and  of  the  ("hair  to  the  ride  which  im- 
Ixtson  {i\m>u  .^v'uatonj  preM-nt  the  obligation  of  voting,  and 
n  that  connection  I  call  attention  to  the  fact  that  the  lion- 
orahle  Sfuatiir  from(»hio(Mr  T'  '  ui\  the  honorable 
Senator   from    falifoniia    (Mr     (  •   ,    the   lu>norable 

Sen.ntor  front  Delaware  (Mr.  Bayard  i.  and  the  hononihle 
Senator  from  Virpiuia  (Mr  .lohnfton  .  all  being  now  in 
their  M'atM,  according  to  niy  liearing  «'f  the  roll  call,  have 
not  v«>t«<l.  although  their  nantet«  liave  Ixen  called. 

Mr.  Thiirm,i:)  then  onkcd  Mr.  Conklinp  what  h.»  wan 
going  to  do  alxmt  it. 

ThereuiK)n  Mr.  ("ouklinc  niove«l  that  the  nanien  of  ifie 
four  SenaUirs  who  refused  to  \ote  be  cnlltd  again,  and  it 
vftin  no  orderoil.  The  name  of  Mr  Ha\ard  came  first,  and 
when  it  wa«  r;»lled  lie  arose  and  --aid  : 

Mr.  President,  is  it  the  ruling  of  the  Chair  that  I, 
under  the  rules  of  the  Senate,  am  com^iellcd  to  vote  one 
way  or  the  other  in  this  rase?  I  desire  to  l*  excused 
fnim  Voting  on  thi.s  question." 

The  Presiding  Officer— The  Chair  is  of  opinion  that  tlie 
Senat<^r  from  Delaware  is  too  late  to  ask  to  le  excused, 
and  that  it  was  his  duly  to  vote  under  the  rule,  and  after 
some  debate  his  name  was  called  once  more  and  he  voted 
"NXv." 

The  Clerk  then  proceeded  to  a  regular  call  of  the  list, 
when  Mr  Conkling  iiiteri>osed  and  directed  him  to  call 
only  tlie  four  to  whoiii  :itt»iition  had  been  called. 

M»--  Cas.«»€rly  said  that  as  Mr.  Bayard's  request  to  be  ex- 
cused had  beeu  demed  be  wuuid  uul  a^k  it 


OF    THE    OFFICERS.  33 


The  Presiding  Officer— Does  the  Senator  from  California 
Yote  on  this  question  either  way? 

Mr.  Casserly  made  no  reply. 

Mr.  Johnston  said  that  as  it  was  decided  that  a  Sen- 
ator being  in  his  place  should  vote  when  called  he  would 

■do  so,  and  th«n  went  on  to  say  :   "At  the  same  time " 

when  the  Cliair  interposed  and  said  debate  was  not  in  or- 
der.    Then  Mr.  Johnston  voted  "  Nay." 

The  clerk  then  called  the  name  of  Mr.  Thurman,  and 
there  was  no  response,  though  he  was  in  his  seat. 

There  still  being  no  quorum  voting,  a  motion  was  made 
that  the  sergeant-at-arms  bring  in  the  absentees.  But 
several  Republican  Senators  came  in  just  tlien  and  made 
a  quorum,  and  carried  the  motion  to  take  up  the  bill.  But 
whether  a  Senator  can  be  made  to  vote,  if  he  persistently 
refuses,  and  how  to  make  him,  are  still  unsolved  problems. 


CHAPTER  II. 

OF    THE    OFFICERS. 

26.  The  usual  and  necessary  officers  of  a 
deliberative  assembly  are  those  already  men- 
tioned, namely,  a  presiding,  and  a  recording, 
officer  ;  both  of  whom  are  elected  or  appointed 
by  the  assembly  itself,  and  removable  at  its 
pleasure.  These  officers  are  always  to  be 
elected  by  absolute  majorities,  eve7i  iVi  those 
states  in  which  elections  are  usually  effected 
by  a  plurality,^  for  the  reason,  that,  being  re- 
movable at  the  pleasure  of   the   assembly,  if 

any  number  short  of  a  majority  were  to  elect, 
p.  M. — 2 


34  PARl.IAMEXTAKY    PRACTICE. 

a  person  elected  by  any  sucli  less  number 
woul<l  n<)t  be  able  to  retain  liis  ofiice  for  a 
moment;  inasmuch  as  he  might  be  instantly 
removed  therefrom,  on  a  (juestion  made  for 
that  j»urj)Ose,  by  the  votes  of  those  who  had 
voted  for  other  }>ersons  on  the  election  ;  an<l 
it  is  essential  to  the  due  and  satisfactory  per- 
formance of  the  functions  of  these  officers, 
that  they  should  possess  the  confidence  of  the 
assembly,  whieh  they  cannot  be  said  to  do, 
unless  they  have  the  suiTrages  of  at  least  a 
majority. 

[*  In  this  sentence,  whieh  we  have  itali- 
cizA'd,  the  author  evidently  means  that  the 
practice  of  electing  officers  by  a  }>lurality  does 
not  Work  well,  n«>r  jTomote  harmony  in  the 
assembly  adoj>ting  it,  in  conformity  with  a 
sj>ecial  law,  or  by  its  own  vote.  In  a  factious 
assembly,  dominated  by  party  spirit,  it  is 
sometimes  a  tedious  work  to  secure  a  majority 
for  the  election  of  Speaker,  and  its  organization 
is  thereby  seriously  delayed.  But  a  candidate 
sufficiently  popular  to  secure  a  majority  of 
the  votes,  and  to  retain  the  respect  of  mem- 
bers, should,  if  possiVjle,  be  nominated  and 
elected  irrespective  of  partisan  considerations, 
as  president  of  every  deliberative  body. — Ed.^ 


THE    PRESIDING    OFFICER.  35 

Sect.  I     The  Presiding  Officer. 

27.  The  principal  duties  of  this  officer  are 
the  following ; — 

To  open  the  sitting,  at  the  time  to  which 
the  assembly  is  adjourned,  by  taking  the  chair 
and  calling  the  members  to  order ; 

To  announce  the  business  before  the  as- 
sembly in  the  order  in  which  it  is  to  be  acted 
upon  ; 

To  receive  and  submit,  in  the  proper  man- 
ner, all  motions  and  propositions  presented  by 
the  members  ; 

To  put  to  vote  all  questions,  which  are 
regularly  moved,  or  necessarily  arise  in  the 
course  of  the  proceedings,  and  to  announce 
the  result  ; 

To  restrain  the  members,  when  engaged  in 
debate,  within  the  rules  of  order  ; 

To  enforce  on  all  occasions  the  observance 
of  order  and  decorum  among  the  members  ; 

To  receive  all  messages  and  other  com- 
munications and  announce  them  to  the  as- 
sembly ; 

To  authenticate,  by  his  dgnature,  when 
necessary,  all  the  acts,  orders,  and  proceedings 
of  the  assembly  ; 

To  inform  the  assembly,  when  necessary,  or 


36  PARLIAMENTAllY    PRACTICE. 

when  referred  to  for  the  jmrpose,  in  a  poir.t  of 
order  or  practice  ; 

To  name  the  members  (when  directed  to  do 
so  in  a  particular  case,  or  when  it  is  made  a 
part  of  his  general  duty  by  a  rule,)  who  are  to 
serve  on  committees  ;  and,  in  general. 

To  represent  and  stand  for  the  assembly, 
declaring  its  will,  and,  in  all  things,  obeying 
implicitly  its  commands. 

28.  If  the  assembly  is  organized  by  the 
choice  of  a  president,  and  vice-presidents,  it  is 
the  duty  of  one  of  the  latter  to  take  theciiair, 
in  case  of  the  absence  of  the  ])resident  from 
the  assembly,  or  of  liis  withdrawinjjr  from  the 
chair  for  the  jmrpose  of  participating  in  the 
proceedings. 

29.  Where  but  one  j)residing  officer  is  ap- 
pointed, in  the  first  instance,  his  place  can 
only  be  supplied,  in  case  of  his  absence,  by 
the  appointment  of  a  }>resident  or  chairman 
pro  te?f)pore;  and,  in  the  choice  of  this  officer, 
who  ought  to  be  elected  before  any  other 
business  is  done,  it  is  the  duty  of  the  secre- 
tary to  conduct  the  proceedings. 

30.  The  presiding  officer  may  read  sitting, 
but  should  rise  to  state  a  motion,  or  put  a 
question  to  the  assembly. 


SECRETARY    OR    CLERII.  37 

Sect.  II.     The  Recording  Officer. 

31.  The  principal  duties  of  this  officer  con* 
sist  ill  taking  notes  of  all  the  proceedings,  and 
in  making  true  entries  in  his  journal  of  all "  the 
things  done  and  past  "  in  the  assembly  ;  but 
he  is  not,  in  general,  required  to  take  minutes 
of  ''  particular  men's  speeches,"  or  to  make 
entries  of  things  merely  proposed  or  moved, 
without  coming  to  a  vote.  He  is  to  enter 
what  is  done  and  past,  but  not  what  is  said 
or  moved.  This  is  the  rule  in  legislative 
assemblies.  In  others,  though  the  spirit  of 
the  rule  ought  to  be  observed,  it  is  generally 
expected  of  the  secretary,  that  his  record  shall 
be  both  a  journal  and  in  some  sort  a  report  of 
the  proceedings. 

32.  It  is  also  the  duty  of  the  secretary  to 
read  all  papers,  &c.,  which  may  be  ordered  to 
be  read  ;  to  call  the  roll  of  the  assembly,  and 
take  note  of  those  who  are  absent,  when  a  call 
is  ordered  ;  to  call  the  roll  and  note  the  an- 
swers of  the  members,  when  a  question  is 
taken  by  yeas  and  nays ;  to  notify  committees 
of  their  appointment  and  of  the  business  re- 
ferred to  them  ;  and  to  authenticate  by  his 
sijjnature  (sometimes  alone  and  sometimes  ia 


38  PARLIAMEXTARY    PRACTICE. 

conjunction   with   the  president)  all  the    acts, 
orders,  and  proceedings  of  the  assembly. 

33.  Tlie  clerk  is  also  charujed  with  the  ciis- 
tody  of  all  the  j)aper8  and  dociunents  of  every 
description,  belonging  to  the  assembly,  as  well 
as  the  journal  of  its  proceedings,  and  is  to  let 
none  of  them  be  taken  from  the  table  by  any 
member  or  other  person,  without  the  leave  or 
order  oi  the  assembly.  [The  secretary,  by  the 
consent  of  a  majority  ascertained  by  motion, 
question,  or  vote,  may  enter  the  ^>ro^<'W5  of 
members  against  any  measure,  and  their 
reasons  therefor,  upon  the  journal.  In  some 
of  the  States,  this  right  of  members  of  legisla- 
tive bodies  is  secured  and  regulated  by  con- 
stitutional provision,  but  the  right  is  admitted 
in  all  deliberative  assemblies  by  rule,  vote,  or 
otherwise. — Ed]. 

34.  When  but  a  single  secretary  or  clerk 
is  apjiointed,  his  place  can  only  be  sup})lied, 
during  his  absence,  by  the  appointment  of 
some  one  to  act  pro  tempore.  When  several 
persons  are  appointed,  this  inconvenience  is 
not  likely  to  occur. 

35.  The  clerk  should  stand  while  reading  or 
calling  the  assembly. 


DEPORTMENT    OF    MEMBERS,  39 


CHAPTER  III. 

OP  THE  RIGHTS  AND  DUTIES  OF  THE  MEMBERS. 

3G.  The  rights  and  duties  of  the  members  of 
a  deliberative  assembly,  as  regards  one  another, 
are  founded  in  and  derived  from  the  principle 
of  their  absolute  equality  among  themselves. 
Every  member,  however  humble  he  may 
be,  has  the  same  right  with  every  other,  to  sub- 
mit his  propositions  to  the  assembly, — to  ex- 
plain and  recommend  them  in  discussion,— and 
to  have  them  patiently  examined  and  deliber- 
ately decided  upon  by  the  assembly ;  and,  on 
the  other  hand,  it  is  the  duty  of  every  one  so 
to  conduct  himself,  both  in  debate,  and  in  his 
general  deportment  in  the  assembly,  as  not  to 
obstruct  any  other  member,  in  the  enjoyment 
of  his  equal  rights,  ,^The  rights  and  duties  of 
the  members  require  to  be  explained  only  in 
reference  to  words  spoken  in  debate  (whether 
spoken  of  a  member  or  otherwise)  and  to 
general  deportment.  The  first  will  be  most 
conveniently  noticed  in  the  chapter  on  debate ; 
the  other  will  be  considered  in  this  place. 


4U  PARLIAMENTARY    PRACTICE. 

37.  Th?,  obse»*vanpc  of  decorum,  by  tbe 
members  of  a  deliberative  assembly,  is  not 
only  due  to  themselves  and  to  one  another,  na 
gentlemen  assembled  together  to  deliberate 
on  matters  of  common  importance  and  interest, 
but  is  also  essential  to  the  recjular  and  satis- 
factory  proceeding  of  such  an  assembly.  The 
rules  on  this  subject,  though  generally  laid 
down  with  reference  to  decorum  in  debate, 
are  equally  applicable  whether  the  assembly 
be  at  the  time  engaijjed  in  debate,  or  not ;  and, 
therefore,  it  may  be  stated,  generally,  that  no 
member  is  to  disturb  another,  or  the  assembly 
itself,  by  hissing,  coughing,  or  s]>itting  ;  by 
speaking  or  whispering  to  other  members;  by 
standing  up  to  the  interruption  of  others  ;  by 
passing  between  the  ])residing  officer  and  a 
member  6j>eaking  ;  going  across  the  assembly 
room,  or  walking  up  and  down  in  it  ;  taking 
books  or  j)apers  from  the  table,  or  writing 
there. 

38.  All  these  breaches  of  decorum  are 
doubtless  aggravated  by  being  committed 
while  the  assembly  is  engaged  in  debate, 
though  equally  contrary  to  the  rules  of  pro- 
priety, under  any  other  circumstances.  As- 
saults, by  one  member  upon  another, — threats, 


BREACHES    OF    DECORUM.  41 

—  challenges,  —  affrays,   &c.,    are   also  high 
breaches  of  decorum. 

39.  It  is  also  a  breach  of  decorum  for  a 
member  to  come  into  the  assembly  room  with 
his  head  covered,  or  to  remove  from  one  place 
to  another  with  his  hat  on,  or  to  put  his  hat 
on  in  coming  in  or  removing,  or,  until  he  has 
taken  his  seat  ;  and,  in  many  assemblies, 
especially  those  which  consist  of  a  small 
number  of  members,  it  is  not  the  custom  ta 
have  the  head  covered  at  all. 

40.  In  all  instances  of  irregular  and  dis- 
orderly deportment,  it  is  competent  for  every 
member,  and  is  the  special  duty  of  the  pre- 
siding officer,  to  complain  to  the  assembly,  or 
to  take  notice  of  the  offence,  and  call  the  at- 
tention of  the  assembly  to  it.  When  a  com- 
plaint of  this  kind  is  made  by  the  presiding 
officer,  he  is  said  to  name  the  member  offend- 
ing ;  that  is,  he  declares  to  the  assembly,  that 
such  a  member,  calling  him  by  name,  is  guilty 
of  certain  irregular  or  improper  conduct.  The 
member,  who  is  thus  charged  with  an  offence 
against  the  assembly,  is  entitled  to  be  heard 
in  his  place  in  exculpation,  and  is  then  to 
withdraw.  Being  withdr'awn,  the  presiding 
officer  states  the  offence  committed,  and  the 


42  PARLIAMENTARY    PRACTICE. 

assembly  proceeds  to  consider  of  the  degree 
and  amount  of  ])unishment  to  be  inflicted* 
The  assembly  may  allow  the  member  com- 
plained  of  to  remain,  when  he  offers  to  with- 
draw; or,  on  the  other  hand,  it  may  require 
him  to  withdraw,  if  he  do  not  offer  to  do  so  of 
his  own  accord.  The  })rocceding8  are  similar, 
when  the  comjdaint  is  made  by  a  member, 
except  that  the  offence  is  stated  by  such 
member,  instead  of  beini;  stated  by  the  pre- 
siding officer. 

41.  Xo  member  ought  to  be  present  in  the 
assembly,  when  any  matter  or  business  con- 
cerning himself  is  debating  ;  nor,  if  ]>resent, 
by  the  indulgence  of  the  assembly,  ought  he 
to  vote  on  any  such  question.  Whether  the 
matter  in  question  concern  his  ju'iyate  interest, 
or  relate  to  his  conduct  as  a  member, — as  for  a 
breach  of  order,  or  for  matter  arising  in  debate, 
— as  soon  as  it  is  fairly  before  the  assembly, 
the  member  is  to  be  heard  in  exculpation  and 
then  to  withdraw,  until  the  matter  is  settled. 
If,  notwithstanding,  a  member  should  remain 
in  the  assembly  and  vote,  his  vote  may  and 
ought  to  be  disallowed  ;  it  being  contrary,  not 
only  to  the  laws  of  decency,  but  to  the  funda- 
mental principle  of  the  social  compact,  that  a 
man  should  sit  and  act  as  a  judge  in  his  own  case. 


PUNISHMENT    OF    MEMBERS.  43 

42.  The  only  punishments,  which  can  be  in- 
flicted upon  its  members  by  a  deliberative 
assembly  of  the  kind  now  under  consideration, 
consist  of  reprimanding, — exclusion  from  the 
assembly, — a  prohibition  to  speak  or  vote,  for 
a  specified  time, — and  expulsion  ;  to  which 
are  to  be  added  such  other  forms  of  punish- 
ment, as  by  apology,  begging  pardon,  &c.,  as 
the  assembly  may  see  fit  to  impose,  and  to 
require  the  offender  to  submit  to,  on  paia  of 
expulsion. 


CHAPTER  IV. 

OF    THE    INTRODUCTION  OF    BUSINESS. 

43.  The  proceedings  of  a  deliberative  as- 
sembly, in  reference  to  any  particular  subject, 
are  ordinarily  set  in  motion,  in  the  first  in- 
stance, by  some  one  of  the  members  either 
presenting  a  communication  from  persons  not 
members,  or  himself  submitting  a  proposition 
to  the  assembly. 

44.  Communications  made  to  the  assembly 
are  of  two  kinds,  namely,  those  which  are 
merely  for  its  information  in  matters  of  fact, 


14  PARLIAMENTAKi'    PRACTICB. 

And  those  which  contain  a  request  for  some 
Action  on  the  part  of  the  assembly,  either  of  a 
general  nature,  or  for  the  benefit  of  an  in- 
dividual. The  latter  only,  as  they  alone  con- 
ititute  a  foundation  for  future  proceedings, 
require  to  be  noticed. 

45.  Pro[>ositions  made  by  members  are 
drawn  up  and  introduced,  by  motion,  in  the 
form  which  tliey  are  intendetl  by  the  mover 
to  bear,  as  orders,  resolutions,  or  votes,  if  they 
should  be  ad«>pted  by  the  assembly.  These 
propositions,  of  whatever  nature  they  may  be, 
are  usuallv  denominate*!  motions,  until  they 
are  adopted  ;  they  then  take  the  name  which 
properly  belongs  to  them. 

4G.  When  a  member  has  occasion  to  make 
any  communication  whatever  to  the  assembly, 
— whether  to  present  a  petition  or  other  ]>aper, 
or  to  make  or  second  a  motion  of  any  kind,  or 
merely  to  make  a  verbal  statement, — as  well 
as  when  one  desires  to  address  the  assembly 
in  debate,  he  must  in  the  first  place,  as  the 
expression  is,  "  obtain  the  floor  "  for  the  })ur- 
pose  he  has  in  view.  In  order  to  do  this,  he 
must  rise   in    his    place,*   and,   standing    un- 


•  In  the  house  of  representatives  of  Massaohnsetts.  where 
each  juember's  seat  is  regularly   assigned  to  him,  aud 


OBTAINING    THE    FLOOR.  45 

covered,  address  himself  to  the  presiding 
officer,  by  his  title;  the  latter,  on  hearing 
himself  thus  addressed,  calls  to  the  member  by 
his  name;  and  the  member  may  then,  but  not 
before,  proceed  with  his  business. 

47.  If  two  or  more  members  rise  and  ad- 
dress themselves  to  the  presiding  officer,  at 
the  same  time,  or  nearly  so,  he  should  give 
the  floor  to  the  member,  whose  voice  he  first 
heard.  If  his  decision  should  not  be  satisfac- 
tory, any  member  may  call  it  in  question, 
saying  that  in  his  opinion  such  a  member  (not 
the  one  named)  was  first  up,  and  have  the 
sense  of  the  assembly  taken  thereon,  as  to 
which  of  the  members  should  be  heard.  In 
this  case,  the  question  should  be  first  taken 
upon  the  name  of  the  member  announced  by 
the  presiding  officer;  and,  if  this  question 
should  be  decided  in  the  negative,  then  upon 
the  name  of  the  member  for  whom  the  floor 
was  claimed  in  opposition  to  him. 

48.  The    mode    of   proceeding   upon   such 

communications  from  persons    not  members, 

as  are  above  alluded  to,  may  be  explained  by 

numbered,  it  has  been  found  useful,  in  deciding  upon  the 
claims  of  several  competitors  for  the  floor,  to  prefer  one 
who  rises  in  his  place,  to  a  member  who  addressee  the 
speaker  from  the  area,  the  passage wav=  or  the  seat  of  aujr 
other  member. 


46  PARLIAMENTARY    rBACTlCE. 

that  adopted  on  the  presentation  of  a  petition, 
which  may  be  considered  as  the  representative 
of  the  whole  class  to  which  it  belongs. 

49.  A  petition,  in  order  to  be  received, 
should  be  subscribed  by  the  petitioner  himself, 
with  his  own  hand,  either  by  name  or  mark, 
except  in  case  of  inability  from  sickness,  or 
because  the  petitioner  is  attending  in  person  ; 
and  should  be  presented  or  offered,  not  by  the 
petitioner  himself,  but  by  some  member  to 
whom  it  is  intrusted  for  that  purpose. 

50.  The  member,  who  presents  a  petition, 
should  previously  hav«  informed  himself  of 
its  contents,  so  as  to  be  able  to  state  the  sub- 
stance of  it,  on  offering  it  to  the  assembly, 
and  also  to  be  prepared  to  say,  if  any  question 
should  be  made,  that  in  his  judgment  it  is 
couched  in  })roper  language,  and  contains 
nothing    intentionally   disresjjectful    to     the 

assemblv. 

51.  Being  thus  prepared,  the  member  rises 
in  nis  place,  with  the  petition  in  his  hand,  and 
info«-ms  the  assemblv  that  he  has  a  certain 
petition,  stating  the  substance  of  it,  which  he 
thereupon  presents  or  offers  to  the  assembly, 
and,  at  the  same  time  moves  (which,  however, 
may  be  done   by   any  other   member)    that  't 


PRESENTATIOX    OF    A    PETITION.  47 

be  received;  this  motion  being  seconded,  the 
question  is  put  whether  the  assembly  will 
receive  the  petition  or  not.  This  is  the  regu- 
lar course  of  proceeding  ;  but,  in  practice  there 
is  seldom  any  question  made  on  receiving  a 
petition  ;  the  presiding  officer  usually  taking 
it  for  granted,  that  there  is  no  objection  to 
the  reception,  unless  it  be  stated.  If,  how- 
ever, any  objection  is  made  to  a  petition,  before 
it  has  been  otherwise  disposed  of,  the  presid- 
ing officer  ought  to  retrace  his  steps  and  re- 
quire a  motion  of  reception  to  be  regularly 
made  and  seconded. 

52.  If  the  question  ot  reception  is  deter- 
mined in  the  affirmative,  the  petition  is 
brought  up  to  the  table  by  the  member  pre- 
senting it ;  and  is  there  read  as  of  course  by 
the  clerk.  It  is  then  regularly  before  the 
assembly,  to  be  dealt  with  as  it  thinks  pro- 
per; the  usual  course  being  either  to  proceed 
to  consider  the  subject  of  it  immediately,  or 
to  assign  some  future  time  for  its  considera- 
tion, or  to  order  it  to  lie  on  the  table  for  the 
examination  and  consideration  of  the  members 
individually. 

53.  Whenever  a  member  introduces  a  pro- 
position of  his   own,  for  the  consideration  of 


i8  PARLIAMENTAlir    PRACTICE. 

the  assembly,  he  puts  it  into  the  form  he 
desires  it  should  have,  and  then  moves  that  it 
be  adopted  as  the  resolution,  order,  or  vote 
of  the  assembly.  If  this  proposition  so  far 
meets  the  ajtprobation  of  other  members,  that 
one  of  them  rises  in  his  i>lace  and  seconds  it, 
it  may  then  be  ]>ut  to  the  question  ;  anil  tlie 
result, whether  affirmative  or  negative,  becomes 
the  judgment  of  the  assembly. 

54.  A  motion  must  be  submitted  in  writing; 
otherwise  the  presiding  officer  will  be  justified 
in  refusing  to  receive  it ;  he  may  do  bo,  how- 
ever, if  he  ]>leascs,  and  is  willing  to  take  the 
trouble  himself  to  reduce  it  to  writing.  This 
rule  extends  only  to  principal  motions,  which, 
when  a(loj)ted,  become  the  act  and  express 
the  sense  of  the  assembly  ;  but  not  to  sub- 
sidiary or  incidental  motions*  which  merely 
enable  the  assembly  to  dispose  of  the  former 
in  the  manner  it  desires,  and  which  are  always 
in  the  same  form.  In  the  case  of  a  motion  to 
amend,  which  is  a  subsidiarv  motion,  the  rule 
admits  of  an  exception,  so  far  as  regards  the 
insertion  of  additional  words,  which,  as  well 
as  the  principal  motion,  must  be  in  writing. 

•  Such  as,  to  adjourn.— lie  on   the  table,— for  the  pr©» 
vious  question,— for  poBtpoueiueut,— commitmeut,  &c. 


MAKING   A   MOTION.  49 

55.  A  motion  must  also  be  seconded,  that 
is,  approved  by  some  one  member,  at  least,  ex- 
pressing his  approval  by  rising  and  saying, 
that  he  seconds  the  motion  ;  and  if  a  motion 
be  not  seconded,  no  notice  whatever  is  to  be 
taken  of  it  by  the  presiding  officer  ;  though, 
in  practice,  very  many  motions,  particularly 
those  which  occur  in  the  ordinary  routine  of 
business,  are  admitted  without  being  seconded. 
This  rule  applies  as  well  to  subsidiary  as  prin- 
cipal motions.  The  seconding  of  a  motion 
seems  to  be  required,  on  the  ground,  that  the 
time  of  the  assembly  ought  not  to  be  taken 
up  by  a  question,  which,  for  any  thing  that 
appears,  has  no  one  in  its  favor  but  the  mover. 
There  are  some  apparent  exceptions  to  this 
rule,  which  will  be  stated  hereafter,  in  those 
cases,  in  which  one  member  alone  has  the 
right  of  instituting  or  giving  direction  to  a 
particular  proceeding  ;  and  an  actual  exception 
is  sometimes  made  by  a  special  rule,  requiring 
certain  motions  to  be  seconded  by  more  than 
one  member. 

56.  When  a  motion  has  been  made  and 
seconded,  it  is  then  to  be  stated  by  the  presid- 
ing officer  to  the  assembly,  and  thus  becomes 
a  question  for  its  decision  ;  and,  until  so  stated, 


50  PARLIAMENTARY    PRACTICE. 

it  is  not  in  order  for  any  other  motion  to  be 
made,  or  for  any  member  to  speak  to  it ;  but, 
when  moved,  seconded,  and  stated  from  the 
chair,  a  motion  is  in  the  possession  of  the 
assembly,  and  cannot  be  withdrawn  by  the 
mover,  but  by  special  leave  of  the  assembly, 
which  must  be  obtained  by  a  motion  made 
and  seconded  as  in  other  cases.  [In  the 
}>ritish,  House  of  Commons,  a  motion  must 
be  reduced  to  writing  by  the  mover,  and 
delivered  to  the  Speaker,  wlio,  when  it  has 
been  seconded,  (a  seconder  is  not  required  in 
the  House  of  Lords),  puts  it  to  the  House  • 
it  cannot  then  be  withdrawn  without  leave  of 
the  House.  When  an  amendment  is  proposed 
to  a  question,  the  original  motion  cannot  be 
withdrawn  till  the  amendment.has  been  either 
withdrawn  or  negatived.  An  amendment  is 
properly  such  an  alteration  of  a  motion  by 
striking  out  or  adding  words,  or  both,  as 
may  enable  members  to  vote  for  it  who 
would  not  have  done  so  otherwise. 

In  this  country  the  practice  has  become  less 
strict  since  Mr.  Gushing  wrote.  '■^Amotion 
c<m  he  wit/idratrn,  by  the  mover,  or  modified  in 
jifiraseology^  at  a?i)/  time  before  a  decision  or 
aynendment  by  the  assembly ^  After  a  vote  on 


MOTION    MADE    AND    STATED.  51 

any  amendment  offered  to  it,  it  cannot  be 
withdrawn  or  modified  except  by  consent  of 
a  majority  of  the  assembly  '*  obtained  by  a 
motion  made  and  seconded  as  in  other 
eases."  [Se«  Par.  92. — Ed.] 

57.  When  a  motion  is  regularly  before  the 
assembly,  it  is  the  duty  of  the  j^residing  officer 
to  state  it,  if  it  be  not  in  writing,  or  to  cause 
it  to  be  read,  if  it  be,  as  often  as  any  member 
desires  to  have  it  stated  or  read  for  his  in- 
formation. 

58.  When  a  motion  or  proposition  is  regu- 
larly before  the  assembly,  no  other  motion 
can  be  received,  unless  It  be  one  which  is  pre- 
vious in  its  nature  to  the  question  under  con- 
sideration, and  consequently  entitled  to  take 
its  place  for  the  time  being,  and  be  first  de- 
cided. 


CHAPTER  V. 

OF    MOTIONS  IN  GENERAL. 

59.  When  a  proposition  is  made  to  a  delibei^ 
ative  assembly,  for  its  adoption,  the  proposi- 
tion may  be  in  such  a  form  as  to  be  put  to  the 
question,  and  the  assembly  may  be  in  such  a 
state  as  to  be  willingr  to   come  to  a  decision 


52  PARLIAMENTARY    PKACTICK, 

upon  it,  at  once  ;  and  wlien  this  is  the  case, 
nothing  more  can  be  necessary  tiian  to  take 
the  votes  of  the  members,  and  ascertain  the 
result.  But  a  different  state  of  thinsrs  may 
and  commonly  does  exist  ;  the  assembly  may 
prefer  some  other  course  of  proceeding  to  an 
immediate  decision  of  the  question  in  the  form 
in  which  it  is  presented  ;  and,  as  it  is  proper, 
that  every  parliamentary  body  should  have 
the  means  of  fitly  disposing  of  every  proposi- 
tion which  may  be  made  to  it,  certain  forms 
v)f  question  have  from  time  to  time  been  in- 
vented, and  are  now  in  general  use,  for  that 
purpose.  Tliese  forms  of  question  may  prop- 
erly be  called  subifidiart/,  in  order  to  distinguish 
them  from  the  principal  motion  or  question  to 
which  they  relate. 

OU.  The  different  states  of  mind,  in  which  a 
proposition  may  be  received  by  a  deliberative 
assembly,  and  the  corresponding  forms  of  pro- 
ceeding, or  subsidiary  motions,  to  which  they 
give  rise,  in  order  to  ascertain  the  sense  of  the 
assembly,  are  the  followinjr  : — 

First.  The  assembly  may  look  upon  the 
proposition  as  useless  or  inexpedient ;  and  may 
therefore  desire  to  sup])ress  it,  either  for  a 
time,  or  altogether.     The  subsidiary  motions. 


SUBSIDIARY    MOTIONS. 


53 


for  this  purpose,  are  the  previous  question, 
and  indefinite  postponement. 

Second.  The  assembly  may  be  willing  to 
entertain  and  consider  of  a  proposition,  but 
not  at  the  time  when  it  is  made ;  either 
because  more  information  is  wanted  by  the 
members  in<lividually ;  or  because  they  desire 
further  time  for  reflection  and  examination  ; 
or  because  the  assembly  is  then  occupied  with 
some  other  matter,  which  has  more  pressing 
claims  upon  its  present  attention.  The  usual 
motions,  under  such  circumstances,  are  post- 
ponement to  some  future  day  or  time,  and  to 
lie  on  the  table. 

Third.  The  subject-matter  of  a  proposition 
may  be  regarded  with  favor,  but  the  form  in 
which  it  is  introduced  may  be  so  defeective, 
that  a  more  careful  and  deliberate  consider- 
ation,  than  can  conveniently  be  given  to  it  in 
the  assembly  itself,  may  be  necessary  to  put 
it  into  a  satisfactory  form.  In  this  case,  it  is 
most  proper  to  refer  the  proposition  to  a  com- 
mittee. 

Fourth,  The  proposition  may  be  acceptable, 
and  the  form  in  which  it  is  presented  so  far 
satisfactory,  that  the  assembly  may  be  willing 
to  consider  and  act  upon  it,  with  such  altera- 


54  PARLIAMENTARY    PRACTICE. 

tions  and  ameiulments  as  may  be  thought 
proper.  The  motion  atlapted  to  this  case  is 
to  amend. 

61.  It  is  not  to  be  supposed  that  the  sub- 
sidiary motions  above  s])ecified  are  the  only 
ones  tliat  have  at  anv  time  l)een  ado})ted  or 
used  ;  or  that  it  is  not  competent  to  a  delib- 
erative assembly  to  frame  new  motions  at 
pleasure ;  but  these  are  the  forms  in  most 
common  use,  and  are  entirely  sulVicient  for  all 
practical  purposes.*  Neither  is  it  to  be  sup- 
poseii,  that  these  motions  are  always  applied 
strictly  to  the  cases  to  whicli  they  most  appro- 
priately belong;  several  of  them  are  frequently 
use<l  to  effect  jturposes,  for  which  others 
would  be  more  proper.  These  misapplica- 
tions will  be  taken  notice  of,  under  the  heads 
of  the  several  motions. 

•  It  is  usual,  iu  legislative  .issemblies,  to  provide  by  a 
jspecial  rulo.  bi)tli  ;is  to  tlie  i>articulnr  motions  to  be  used, 
and  the  order  in  which  they  may  be  made.  Thus,  the  rule 
in  the  house  of  represenUitives  of  congress,  (which  is  also 
adopted  iu  the  house  of  representatives  of  Massachusetts,) 
is,  that,  "  when  a  question  is  under  debate,  no  motiou 
shall  be  received,  but  to  adjourn,  to  lie  on  the  table,  for  the 
previous  question,  to  postpone  to  a  day  certiiin,  to  couunit. 
to  amend,  to  i)Ostpone  indefinitely,  which  several  motions 
shall  have  precedence  iu  the  order  in  which  they  are  ar- 
ranged." 


PREVIOUS    QUESTION,  56 


CHAPTER  VI. 

OF     MOTIONS     TO    SUPPRESS. 

62.  When  a  proposition  is  moved,  which  it 
is  supposed,  may  be  regarded  by  the  assembly 
as  useless  or  inexpedient,  and  which  it  may 
therefore  be  desirous  to  get  rid  of,  such  pro- 
position may  be  suppressed  for  a  time  by 
means  of  the  previous  question,  or  altogether 
by  a  motion  for  indefinite  postponement. 

Sect.  I.     Previous  Question. 

63.  The  original  and  proper  parliamentary 
use  of  the  previous  question  being,  as  above 
stated,  the  suppression  of  a  main  question,  it 
seems  proper  to  consider  it  as  one  of  the  sub- 
sidiary motions  for  that  purpose  ;  although, 
in  this  country,  it  has  been  perverted  to  a 
wholly  different  use,  namely,  the  suppression 
of  debate.  This  consideration,  in  connection 
with  the  difficulty  of  the  subject,  and  the  im- 
portance of  a  correct  understanding  of  it, 
makes  it  proper  to  devote  more  room  to  the 


56  PARLIAMENTARY    TRACTICE. 

previous  question,  than  needs  to  be  given  to 
most  of  the  other  subsidiary  motions.  It  will 
first  be  considered  according  to  its  original 
use  and  intention  ;  and,  afterwards,  as  used 
in  this  country. 

64.  There  are  several  motions,  which  give 
rise  to  questions  previous  in  their   nature  to 
other  questions  to  which  they  relate  ;  but  the 
term  previous  has  been  applied  exclusively  to 
a  motion  denominated  the  previous  qf(€stio?i, 
which  has  for  its  object  the  suj)pression  of  a 
principal   motion    or   question.     This  motion 
was  introduced  into  the  bouse  of  commons  in 
EnMand,  more  than  two  centuries  ago,  for  the 
purpose  of  suppressing  subjects  of  a  delicate 
nature,  relating  to  high  personages,  or  the  dis- 
cussion of  which  might  call  forth  observations 
of  an  injurious  tendency.     When   first  made 
use  of,  the  form  of  the  motion    was,  s/udl  the 
7nain  question  be  put?  and  the  effect  of  a  de- 
cision of  it  in  the  negative  was  to  suppress  the 
main   question    for   the    whole    session.     The 
form  of  it   was  afterwards  changed   to  that 
which  it  has  at  j»resent,nan-iely,  shall  the  main 
Question  be  non^  pnd?  and  the  effect  of  anega- 
^/ve  decision  of  it  now  is  to  suppress  the  main 
question  for  the  residue  of  the  day  only.     The 


PREVIOUS    QUESTION.  57 

operation  of  this  motion,  in  suppressing  tlie 
question  to  whicli  it  is  applied,  results  from 
the  principle,  that  no  further  consideration  or 
discussion  can  regularly  be  had  of  a  subject, 
which  it  has  been  decided  shall  not  be  put 
to  the  question  ;  and,  therefore,  when  on  the 
motion  of  the  previous  question,  it  has  been 
decided,  that  the  principal  question  shall  not 
now  be  put,  that  question  is  disposed  of  for 
the  day,  and  cannot  be  renewed  until  the  next 
or  some  succeeding  day.  This  is  the  purpose 
for  which  the  previous  question  was  originally 
invented,  and  for  which  it  is  still  used  in  the 
British  parliament. 

65.  But  the  previous  question  may  be  de- 
cided in  the  affirmative,  as  well  as  the  nega- 
tive, that  is,  that  the  main  question  shall  now 
be  put;  in  which  case,  that  question  is  to  be 
put  immediately,  without  any  further  debate, 
and  in  the  form  in  which  it  then  exists.  This 
operation  of  the  previous  question,  when  de- 
cided affirmatively,  has  led  to  the  use  of  it  for 
the  purpose  of  suppressing  debate  on  a  prin- 
cipal question,  and  coming  to  a  vote  upon  it 
immediately;  and  this  is  ordinarily  the  only 
object  of  the  previous  question  as  made  use 
of  in  the  legislative  assemblies  of  the  United 


58  PARLIAMENTARY    PRACTICE. 

States.*   The  operation  of  a  negative  decision 
is  different  in  different   assemblies ;  in  some, 
as,  for  example,  in  the  house  of  representa- 
tives of  congress,  it  operates  to  dispose  of  the 
principal  or  main  question  by  suppressing  or 
removinc:  it  from  before  the  house  for  the  day  ; 
but  in   others,  as  in  the  liouse  of  representa- 
tives of  Massachusetts,   and  in  the  house  of 
assembly  of   New   York,  (in    the    former   by 
usage  only,  and  in  the  latter  by  a  rule,)  the 
effect  of  a  negative  decision  of  the  previous 
question  is  to  leave  the  main  question  under 
debate  for  the  residue   of  the  sitting,  unless 
sooner  disposed  of  by  taking  the  question,  or 
in  some  other  manner. 

66.  In  England,  the  previous  question  is 
used  only  for  suppressing  a  main  question  ; 
the  object  of  the  mover  is  to  obtain  a  decision 
of  it  in  the  negative ;  and  the  effect  of  such  a 

•  Mr.  .TefTerson  (Manual,  §  xxxiv.)  considers  this  exten- 
sion of  the  pKevious  question  as  au  abuse.  He  is  of  opinion 
that  "  its  uses  would  be  as  well  answered  by  other  more 
simple  parliamentary  forms,  and  therefore  it  should  not  be 
favored,  but  restricted  within  as  narrow  limits  as  possi- 
ble." Notwithstanding  this  suggestion,  however,  the  use  ^ 
of  the  previous  question,  as  above  stated,  has  become  so 
firmly  established,  that  it  cannot  now  be  disturbed  or  un- 
settled. 


INDEFINITE    POSTPONEMENT.  59 

decision,  though  in  strictness  only  to  suppress 
the  question  for  the  day,  is,  practically  and  by 
parliamentary  usage,  to  dispose  of  the  subject 
altogether.  In  this  country,  the  previous  ques- 
tion is  used  chiefly  for  suppressing  debate  on 
a  main  question  ;  the  object  of  the  mover  is 
to  obtain  a  decision  of  it  in  the  afiirmative ; 
and  the  effect  of  a  decision  the  other  way, 
though  in  some  assemblies  operating  techni- 
cally to  suppress  the  main  question  for  the  day 
only,  is,  in  general,  merely  to  suspend  the 
taking  of  the  question  for  that  day;  either 
leaving  the  debate  to  go  on  during  the  residue 
of  the  day,  or  the  subject  to  be  renewed  on 
the  next  or  some  other  day.  The  operation 
of  an  affirmative  decision  is  the  same,  in  both 
countries,  namely,  the  putting  of  the  main 
question  immediately,  and  without  further 
debate,  delay,  or  consideration. 

Sect.  II.     Indefinite  Postponement. 

67.  In  order  to  suppress  a  question  alto, 
gether,  without  coming  to  a  direct  vote  upon 
it,  in  such  a  manner  that  it  cannot  be  renewed, 
the  proper  motion  is  for  indefinite  postpone- 
ment ;  that  is,  a  postponement  or  adjournment 


RO  PARMAT^rKXTAUV    PRATTICE. 

of  the  question,  without  fixing  any  clay  for  re- 
suming it.  The  effectoftliis  motion,  if  decided 
in  the  affirmative,  is  to  quash  the  jn'oposition 
entirely  ;  as  an  indefinite  adjournment  is  equiv- 
alent to  a  dissolution,  or  the  continuance  of 
a  suit,  without  day,  is  a  discontinuance  of  it. 
A  nerjative  decision  has  no  effect  whatever. 

[This  motion  cannot  be  amencled.  It  can- 
not he  moved  while  the  motions  to  commit  or 
for  the  previous  question  are  pending.  As  its 
effect  is  to  "  quash  the  proposition  entirely," 
it  necessarily  brings  up  the  whole  subject  for 
discussion,  in  order  that  its  friends  may  allege 
reasons  for  coming  to  a  direct  vote  upon  it ; 
for  if  the  motion  to  indefinitely  postpone  pre- 
vails, the  measure  projmsed  cannot  be  renewed 
during  the  session. — Ei>.] 


CIIAPTEU  VII. 

OF    MOTIONS    TO    POSTPONE. 

68.  If  the  asserablv  is  willinir  to  entertain 

^  and  consider  a  question,  but  not  at  the  time 

when  it  is  moved,  the  proper  course  is  either 

to  postpone  the  subject  to  another  day,  or  to 

order  it  to  lie  on  the  table. 


LIE    OX    THE    TABLU. 


61 


69.  When  the  members  individually  want 
more  information  than  they  possess,  at  the 
time  a  question  is  moved,  or  desire  further 
time  for  reflectio^i  and  examination,  the  pro- 
per motion  is,  to  postpone  the  subject  to  such 
future  day  as  will  answer  the  views  of  the 
assembly. 

70.  This  motion  is  sometimes  used  improp- 
erly, to  get  rid  of  a  proposition  altogether,  as 
would  be  done  by  an  indefinite  postponement. 
This  is  effected  by  fixing  upon  a  day,  which, 
according  to  the  common  course  of  things, 
will  not  arrive  until  after  the  assembly  has 
been  brous^ht  to  a  close.  But  a  motion,  word- 
ed  in  this  manner,  is  precisely  equivalent  to  a 
motion  for  indefinite  postponement,  and  should 
be  so  considered  and  treated. 

71.  If  the  assembly  has  something  else  be- 
fore it,  which  claims  its  present  attention,  and 
is  therefore  desirous  to  postpone  a  particular 
proposition,  until  that  subject  is  disposed  of, 
such  postponement  may  be  effected  by  means 
of  a  motion  that  the  matter  in  question  lie  on 
the  table.  If  this  motion  prevails,  the  subject 
80  disposed  of  may  be  taken  up,  at  any  time 
afterwards,  and  considered,  when  it  may  suit 
the  convenience  of  the  assembly. 


6-  PAP.LIAMEXTARV    PRACTICE 

72.  Tin's  motion  is  also  sometimes  maJeuse 
of  for  the  final  disposition  of  a  subject ;  and 
it  always  has  that  effect,  when  no  motion  is 
afterwards  made  to  take  it  up. 

[In  Congress,  as  well  as  in  other  deliberative 
bodies,  debate  is  not  allowed  on  the  motions 
to  postpone  to  a  day  certain,  or  to  lie  on  the 
table  ;  for  the  effect  of  these  motions  is  only  to 
defer  measures  temporarily,  which  may  be 
fully  discussed  when  the  })roper  time  arrives. 
A  member  may  speak  strictly  to  the  motion  ; 
but  not  as  to  the  merits  of  the  question  post- 
poned. The  motion  may  be  amended  by  sub- 
stitutinc:  one  day  for  another.  The  motion 
to  lie  on  the  table  is  not  subject  t,o  amend- 
ment.— Ed.] 


CHAPTER   VIII. 

OK     MOTIONS     TO     COMMIT. 

73.  The  third  case  for  the  use  of  a  sub- 
sidiary motion,  as  already  stated,  occurs,  when 
the  subject-matter  of  a  proposition  is  regarded 
with  favor,  but  the  form  in  which  it  is  intro- 
duced is  80  defective,  that  a  more  careful  and 


COMMITMENT.  63 

deliberate  consideration  is  necessary,  tlian  can 
conveniently  be  given  to  it  in  the  assembly 
itself,  in  order  to  put  it  into  a  satisfactory  form. 
The  course  of  proceeding  then  is,  to  refer  the 
subject  to  a  committee  ;  which  is  called  a  com- 
mitment, or,  if  the  subject  has  already  been  in 
the  hands  of  a  committee,  a  recommitment. 

74.  If  there  is  a  standing  committee  of  the 
assembly,  whose  functions  embrace  the  subject 
in  question,  the  motion  should  be  to  refer  it  to 
that  committee  ;  if  there  is  no  such  committee, 
then  the  motion  should  be  to  refer  to  a  select 
committee.  If  it  is  a  matter  of  doubt,  whether 
a  particular  standing  committee  is  appropriate 
or  not,  and  propositions  are  made  for  a  reference 
to  that  committee,  and  also  for  a  reference  to 
a  select  committee,  the  former  proposition 
should  be  first  put  to  the  question. 

75.  When  a  subject  is  referred  or  recom- 
mitted, the  committee  mav  be  instructed  or 
ordered  by  the  assembly,  as  to  any  j^art  or 
the  whole  of  the  duties  assigned  them ;  or 
the  subject  may  be  left  with  them  without 
instructions.  In  the  former  case,  the  in- 
structions must  be  obeyed,  gf  course ;  in  the 
latter,  the  committee  have  full  power  over 
the  matter,  and  may  report  upon  it,  in   any 


64  PARLTAMEXTARY    PRACTICE. 

manner  they  please,  provided  they  keep  with- 
in the  recoirnizod  forms  of  parliamentary 
proceedings. 

76.  A  ])art  only  of  a  subject  may  be  com- 
mitted,   without     the     residue  ;    or    different 
parts   n.ay  be   cotnmitted    to    different   rom 
niitteos. 

77.  A  commitment  with  instructions  is 
sometimes  made  use  of,  as  a  convenient  mode 
of  procuring  further  information,  and,  at  the 
same  time,  of  postponing  the  consideration  of 
a  subject  to  a  future  tiiough  uncertain  day. 

[The  merits  of  the  j)roposition  aic  not  open 
to  discussion,  for  the  reason  stated  in  note, 
prir.  7*2,  unless  instructions  are  added  to  the 
motion  to  commit — then  the  subject  matter 
may  be  debated. — Ed.] 


CHAPTER  IX. 

OF  MOTIONS  TO  AMEND. 


78.  The  last  case,  for  the  introduction  of 
subsidiary  motions,  is  when  the  assembly  is 
satisfied  with  the  subject-matter  of  a  proposi- 


DIVISION    OF    QUESTIONS.  65 

tioii,  but  not  with  the  form  of  it,  or  with  all 
its  different  parts,  or  desires  to  make  some 
addition  to  it.  The  course  of  proceeding 
.ihen  is,  to  bring  the  proposition  into  the 
proper  form,  and  make  its  details  satisfactory, 
by  means  of  amendments,  or  oi  certain  pro- 
ceedino-s  of  a  similar  character,  and  havino: 
the  same  general  purpose  in  view.  The  latter 
will  be  first  considered. 

Sect.  I.     Division  of  a  Question. 

79.  When  a  proj30sition  or  motion  is  com- 
plicated, that  is,  composed  of  two  or  more 
parts,  which  are  so  far  independent  of  each 
other,  as  to  be  susceptible  of  division  into 
several  questions,  and  it  is  supposed  that  the 
assembly  may  approve  of  some  but  not  of  all 
these  parts,  it  is  a  compendious  mode  of 
amendment,  to  divide  the  motion  into  separate 
questions,  to  be  separately  voted  upon  and 
decided  by  the  assembly.  This  division  may 
take  place  by  the  order  of  the  assembly,  on  a* 
motion  regularly  made  and  seconded  for  the 
purpose. 

80.  When  a  motion  in  thus  divided,  it  lic- 

comes  a  series  of  questions,  to  be  considered 
P.  M. — 3 


B6  PARLIAMENTARY    TRACTICE. 

and  treated  each  by  itself,  as  an  inclqn.'nclent 
proposition,  in  the  order  in  which  they  stand  ; 
and  when  they  have  all  been  gone  through 
with  and  decided,  the  result  will  be  the  same, 
as  if  motions  to  amend  bv  strikinij  out  the 
several  j>arts  had  been  made  and  jnit  to  the 
questi(>n.  WIk'ii  a  motion  for  a  division  is 
made,  the  mover  ought  to  specify  in  his  mo- 
tion the  maimer  in  which  he  j>roposes  to  make 
the  division  ;  and  tliis  motion,  like  every  other 
of  the  nature  of  an  amendment,  is  itself  sus- 
cejitible  of  amendment. 

81.  It  is  sometimes  asserted,  that  it  is  the 
rifjht  of  everv  individual  member  to  have  a 
complicated  (piestion  (provided  it  is  suscep- 
tible of  division)  divided  into  its  several  })art8, 
and  a  question  put  separately  on  each,  on  his 
mere  demand,  and  without  any  motion  or  any 
vote  of  the  assembly  for  that  }>urpose.  But 
this  is  a  mistake  ;  there  is  no  such  rule  of 
parliamentary  proceeding ;  a  complicated  ques- 
tion can  only  be  separated  by  moving  amend- 
ments to  it  in  the  usual  manner,  or  bv  moving 
for  a  division  of  it  in  the  manner  above 
stated. 

82.  It  is  not  unusual,  however,  for  a  delib- 
erative assembly  to  have  a  rule  providing  for 


FILLING    BLANKS.  67 

the  division  of  a  complicated  question  (pro- 
vided it  is  susceptible  of  division)  into  its 
several  parts,  upon  the  demand  of  a  member. 
When  this  is  the  case,  it  is  for  the  presiding 
officer  (subject  of  course  to  the  revision  of  the 
assembly)  to  decide,  when  the  division  of  a 
motion  is  demanded,  first,  whether  the  propo- 
sition is  susceptible  of  division,  and,  secondly, 
into  how  many  and  what  parts  it  may  be 
divided. 

83.  A  proposition,  in  order  to  be  divisible, 
must  comprehend  points  so  distinct  and  entire, 
that  if  one  or  more  of  them  be  taken  away, 
the  others  may  stand  entire  and  by  them- 
selves ;  but  a  qualifying  paragraph,  as,  for 
example,  an  exception  or  a  proviso,  if  sep- 
arated from  the  general  assertion  or  state- 
ment to  which  it  belongs,  does  not  contain  an 
entire  point  or  proposition. 

Sect.  II.    Filling  Blanks. 

84.  It  often  happens,  that  a  proposition  is 
introduced  with  blanks  purposely  left  by  the 
mover  to  be  filled  by  the  assembly,  either 
with  times  and  numbers,  or  with  provisions 
analogous  to  those  of  the  proposition  itself. 


68  PAELIAMENTARY    rRACTICE. 

In  the  Inttcr  case,  blanks  are  filled  in  the 
same  way,  that  other  amendments  by  the 
insertion  of  words  are  made.  In  the  former, 
propositions  to  fill  blanks  are  not  considered 
as  amendments  to  the  question,  but  as  origi- 
nal motions,  to  be  made  and  decided  before 
the  princi])al  (juestion. 

85.  When  a  blank  is  left  to  be  filled  with  a 
time  or  number,  motions  may  be  made  for 
that  purpose,  and  the  question  taken  on  each 
bv  itself,  and  before  another  is  made;  or 
several  motions  may  be  miule  and  ])i'nding 
before  any  of  them  are  put  to  the  question. 
This  last  mode  of  proceeding,  which  is  the 
most  usual  as  well  as  convenient,  requires 
that  the  several  propositions  should  be  ar- 
ranged, and  the  question  taken  on  them,  in 
such  order  as  will  the  soonest  and  with  the 
most  certaintv  enable  the  assembly  to  come 
to  an  aofreement. 

8G.  In  determining  upon  the  order  to  be 
adopted,  the  object  is  not  to  begin  at  that  ex- 
treme, which  and  more  being  witiiin  every 
man's  wish,  no  one  can  vote  against  it,  and, 
yet,  if  it  should  be  carried  in  the  affirmative, 
every  vjuestion  for  more  would  be  precluded  ; 
but,  at  that  extreme,  which  will  be  likely  to 


ADDITION — SEPARATION.  69 

unite  the  fewest,  and  then  to  advance  or 
recede,  until  a  number  or  time  is  reached, 
which  will  unite  a  majority. 

87.  Hence,  when  several  different  j^roposi- 
tions  are  made  for  filling  blanks  with  a  time 
or  number,  the  rule  is,  that  if  the  larger  com- 
prehends the  lesser^  as  in  a  question  to  what 
day  a  postponement  shall  take  place, — the 
number  of  which  a  committee  shall  consist,— 
the  amount  of  a  fine  to  be  imposed, — the  term 
of  an  imprisonment, — the  term  of  irredeema- 
bility  of  a  ^oan, — or  the  terminus  in  quern  in 
any  other  case,  the  question  must  begin  a 
maximo,  and  be  first  taken  upon  the  greatest 
or  farthest,  and  so  on  to  the  least  or  nearest, 
until  the  assembly  comes  to  a  vote*:  But,  if 
the  lesser  includes  the  greater^  as  in  questions 
on  the  limitation  of  the  rate  of  interest, — on 
the  amount  of  a  tax, — on  what  day  the  ses- 
sion of  a  legislative  assembly  shall  be  closed, 
by  adjournment, — on  what  day  the  next  ses- 
sion shall  commence, — or  the  terminus  a  quo 
in  any  other  case,  the  question  must  begin  a 
minima^  and  be  first  taken  on  the  least  or 
nearest,  and  so  on  to  the  greatest  or  most  re- 
mote, until  the  assembly  comes  to  a  vote.* 

*  The  above  is  the  rule  as  laid  down  by  Mr  Jefferson 


70  PARLIAMENTARY    PRArTICE. 

Sect.  III.      Addition, — SErARATiox, — 
Transposition. 

88.  "When  the  matters  cuiitained  in  two 
separate  propositions  miglit  be  ])etter  jmt  in- 
to one,  the  mode  of  j»rc)ceeding  is  to  reject 
one  of  them,  and  then  to  incorporate  the  sub- 
stance of  it  witli  the  other  by  way  of  amend- 
ment.  A  belter  mode,  lioweyer,  if  the  busi^ 
ness  of  the  assembly  will  admit  of  its  beinn' 
ado])ted,  is  to  refer  both  j>i())»ositions  to  a 
committee,  with  instructions  to  incorj)orate 
them  together  in  one. 

80.  So,  on  the  other  liand,  if  tlic  matter  of 
one  jiroposition  w<juld  be  more  j»roj)erly  dis- 
tributed into  two,  any  ]»art  of  it  may  be 
Btiuck  out  by  way  of  amendment,  and  put 
into  the  form  of  a  new  and  distinct  pro2)osi- 
tion.  But  in  this,  as  in  the  former  case,  a 
better  mode  would  generally  be  to  refer  the 
subject  to  a  committee. 

90.  In   like  manner,  if  a  j^nragraph   or  sec- 

l§  33),  and  holds  where  it  is  not  8Ui)erseded  by  a  special 
rule,  which  is  generally  the  case  in  our  legislative  as 
penibiies:  as,  for  exaiujile,  in  the  senate  of  the  United 
St-ites,  the  rule  is,  that  in  filling  blanks,  the  lakoest 
sum  and  lokoest  time  shall  be  first  put.  In  the  house 
of  commons,  in  England,  the  rule  established  by  usage  is, 
th.-.t  the  S3IALLEST  sum  and  the  longest  time  shall  be 
first  i)ut 


AMENDMENTS. 


71 


tion  requires  to  be  transposed,  a  question 
must  be  put  on  striking  it  out  where  it  stands, 
and  another  for  inserting  it  in  the  place 
desired. 

91.  The  numbers  prefixed  to  the  several 
sections,  paragraphs,  or  resolutions,  which 
constitute  a  proposition,  are  merely  marginal 
indications,  and  no  part  of  the  text  of  the 
proposition  itself ;  and,  if  necessary,  they  may 
be  altered  or  regulated  by  the  clerk,  without 
any  vote  or  order  of  the  ass;L.mbly. 

Sect.    IV.     Modificatiox  or   Amendment 
BY  THE  Mover. 

92.  The  mover  of  a  proposition  is  some- 
times allowed  to  modify  it,  after  it  has  been 
stated  as  a  question  by  the  presiding  officer ; 
but,  as  this  is  equivalent  to  a  withdrawal 
of  the  motion,  in  order  to  substitute  an- 
other in  its  place  ;  and,  since,  as  has  already 
been  seen,  [Par.  56.  7iote']  a  motion  regularly 
made,  seconded,  and  proposed,  cannot  be 
withdrawn  without  leave  ;  it  is  clear,  that  the 
practice  alluded  to  rests  only  upon  general 
consent ;  and,  that,  if  objected  to,  the  mover 
of  a  proposition  must  obtain  the  permission 


72  PAULIAMEMAKY    PRACTICE. 

of  the  assembly,  by  a  motion  and  question, 
for  the  ])urpose,  in  onler  to  enable  him  to 
modify  his  proj)Osition. 

93.  So,  too,  when  an  amendment  has  been 
regularly  moved  and  seconded,  it  is  sometimes 
the  practice  for  the  mover  of  tlie  i)roposition 
to  which  it  relates  to  siijnifv  liis  consent  to  it, 
and  for  tlie  amendment  to  be  thereuj>on  made, 
without  any  question  being  taken  upon  it  by 
the  assembly.  As  tliis  ]>roceeding,  however, 
is  essentially  the  same  with  that  described  in 
the  ])receding  paragraph,  it,  of  course,  rests 
upon  the  same  foundation,  an<l  is  subject  to 
the  same  rule. 


Sect.  V.     Genekal  Rlles  relating  to 
Amendments. 

94.  All  amendments,  of  whicli  a  proposition 
is  susceptible,  so  far  as  form  is  concerned, 
may  be  effected  in  one  of  three  ways,  namely, 
either  bv  insertincj  or  aihlini;?  certain  words  ; 
or  bv  strikinix  out  certain  words  ;  or  bv  strik- 
inff  out  certain  words,  and  insertins:  or  addinj; 
others.  These  several  forms  of  amendment 
are  subject    to  certain   general   rules,   which, 


AMEXDilENTS.  73 

being  equally  applicable  to  them  all,  require 
to  be  stated  beforehand. 

95.  First  Rule.  When  a  proposition  con- 
sists of  several  sections,  paragraphs,  or  resolu- 
tions, the  natural  order  of  considering  and 
amending  it  is  to  begin  at  the  beginning,  and 
to  proceed  through  it  in  course  by  paragraphs; 
and  when  a  latter  part  has  been  amended,  it 
is  not  in  order  to  recur  back,  and  make  any 
alteration  or  amendment  of  a  former  part. 

96.  Second  Rule.  Every  amendment, 
which  can  be  proposed,  whether  by  striking 
out,  or  inserting,  or  striking  out  and  inserting, 
is  itself  susceptible  of  amendment ;  but  there 
<?an  be  no  amendment  of  an  amendment  to  ar 
amendment ;  this  would  be  such  a  piling  of 
questions  one  upon  another,  as  would  lead  to 
great  embarrassment ;  and  as  the  line  must  be 
drawn  somewhere,  it  has  been  fixed  by  usage 
after  the  amendment  to  the  amendment. 
The  object,  which  is  proposed  to  be  effected 
by  such  a  proceeding,  must  be  sought  by  re 
'ectincr  the  amendment  to  the  amendment,  in 
the  form  in  which  it  is  proposed,  and  then 
movins:  it  asjain  in  the  form  in  which  it  is 
wished  to  be  amended,  in  which  it  is  only  an 
amendment  to  an  amendment ;  and  in  order 


74  PARFJAMEXTARY    PRACTICE. 

to  accomplish  this,  he  who  desires  to  amend 
an  amendment  shouKl  give  notice,  that,  if  re- 
jected, in  tlie  form  in  which  it  is  jiresented, 
he  shall  move  it  again  in  the  form  in  which 
be  desires  to  have  it  adojited. 

97.  Thus,  if  a  proposition  consists  of  A  B, 
and  it  is  proposed  to  amend  by  inserting  C  D, 
it  may  be  moved  to  amend  the  amcmlment  by 
inserting  K  F  ;  but  it  cannot  be  moved  to 
amend  this  amendment,  as,  for  example,  by 
insertinur  (i.  The  onlv  mode,  bv  which  this 
can  be  reached,  is  t«>  reject  the  amendment  in 
the  form  in  which  it  is  presented,  namely,  to 
insert  E  F,  and  to  move  it  in  the  form  in 
which  it  is  desired  to  be  amended,  nnnidy,  to 
insert  E  G  V. 

l>8.  Tldnl  Rule.  Whatever  is  agreed  to 
by  the  assembly,  on  a  vote,  either  adopting  or 
rejecting  a  proposed  amendment,  cannot  be 
afterwards  altered  or  amended. 

99.  Thus,  if  a  j)roposition  consists  of  A  B, 
and  it  is  moved  to  insert  C ;  if  the  amend- 
ment prevail,  C  cainiot  be  afterwards  amended, 
because  it  has  been  agreed  to  in  that  form ; 
and,  so,  if  it  is  moved  to  strike  out  B,  and  the 
amendment  is  rejected,  B  cannot  afterwards 
be  amended,  because  a  vote  against  striking 


AMEXDMEXTS.  75 

it  out  is  equivalent  to  a  vote  agreeing  to  it  as 
it  stands. 

100.  Fourth  Rule.  Whatever  is  disagreed 
to  by  the  assembly,  on  a  vote,  cannot  be  after- 
wards moved  ao-ain.  This  rule  is  the  converse 
of  the  preceding,  and  may  be  illustrated  in 
the  same  manner. 

101.  Thus,  if  it  is  moved  to  amend  A  B  by 
inserting  C,  and  the  amendment  is  rejected, 
C  cannot  be  moved  again  ;  or,  if  it  is  moved 
to  amend  A  B  by  striking  out  B,  and  the 
amendment  prevails,  B  cannot  be  restored  ; 
because,  in  the  first  case,  C,  and,  in  the  other, 
B,  have  been  disagreed  to  by  a  vote. 

102.  Fifth  Rule.  The  inconsistency  or  in- 
compatibility of  a  proposed  amendment  with 
one  which  has  already  been  adopted,  is  a  fit 
ground  for  its  rejection  by  the  assembly,  but 
not  for  the  suppression  of  it  by  the  presiding 
ofticer.  as  against  order ;  for,  if  questions  of 
this  nature  were  allowed  to  be  brought  within 
the  jurisdiction  of  the  presiding  ofiicer,  as 
matters  of  order,  he  might  usurp  a  negative 
on  important  modifications,  and  suppress  or 
embarrass  instead  of  subserving  the  will  of  the 
assembly. 


76  PAULIAMEXTAKY    PKAOTICK. 


Sect.  VI.     Amendments  by  striking  oct. 

103.  If  an  aineiidineni  is  j»roposed  by  strik- 
ing out  a  particular  paragraph  or  certain 
words,  and  the  amendment  is  rejected,  it  can- 
not be  again  moved  to  strike  out  tiie  sanitf 
words  or  a  part  of  them  ;  but  it  may  bemove<^ 
to  strike  out  the  same  words  with  others,  of 
to  strike  out  a  part  of  the  same  words  with 
others,  j)rovided  the  colierence  to  be  struck 
out  be  so  substantial,  as  to  make  tliese,  if 
fact,  different  propositiotis  from  the  former. 

104.  Til  us,  if  a  proposition  consist  of  A  I> 
C  D,  and  it  is  moved  to  strike  out  H  C  ;  it 
this  amendment  is  rejected,  it  cannot  be 
moved  ngain  ;  but  it  may  be  moved  to  strike 
out  A  B,  or  A  B  C,  or  BCD  or  C  1). 

105.  If  an  amendment  by  striking  out  is 
agreed  to,  it  cannot  be  afterwanls  moved  to 
insert  the  same  words  struck  out  or  a  part  of 
them  ;  but  it  may  be  moved  to  insert  the  same 
words  with  others,  or  a  ]>art  of  tlie  same 
svords  with  others,  provided  the  coherence  to 
be  inserted  make  these  propositions  substan- 
lially  different  from  the  first. 

106.  Thus,  if  the  proposition  A  BCD  is 


AMENDMENTS.  77 

amended  by  striking  out  B  C,  it  cannot  be 
moved  to  insert  B  C  again  ;  but  it  may  be 
moved  to  insert  B  C  with  other  words,  or  B 
with  others,  or  C  with  others. 

107.  When  it  is  proposed  to  amend  by 
(Striking  out  a  particular  paragraph,  it  may  be 
moved  to  amend  this  amendment,  in  three 
different  ways,  namely,  either  by  striking  out 
a  part  only  of  the  paragraph,  or  by  inserting 
or  adding  words,  or  by  striking  out  and  in- 
sertinoj. 

108.  Thus,  if  it  is  moved  to  amend  the 
proposition  A  B  C  D,  by  striking  out  B  C,  it 
mav  be  moved  to  amend  this  amendment  bv 
striking  out  B  only  or  C  only,  or  by  inserting 
E,  or  by  striking  out  B  or  C,  and  inserting  E. 

109.  In  the  case  of  a  proposed  amendment 
by  striking  out,  the  effect  of  voting  upon  it, 
whether  it  be  decided  in  the  affirmative  oi 
neijative  accordins:  to  the  third  and  fourth 
rules  above  mentioned,  renders  it  necessary 
for  those  who  desire  to  retain  the  paragraph 
to  amend  it,  if  any  amendment  is  necessary^ 
before  the  vote  is  taken  on  striking  out ;  as, 
if  struck  out,  it  cannot  be  restored,  and,  if 
retained,  it  cannot  be  amended. 

110.  As  an  amendment  must  necessarily  hf 


78  I'AKLIAMEMAKY    PKACTlCii;. 

put  to  tlie  question  before  the  }>rinci]>:il  mo- 
tion ;  so  the  qiK*stion  must  be  ])ut  ou  uu 
amendment  to  an  amembnent  before  it  is  put 
on  the  amendment ;  but,  as  tliis  isllie  extreme 
limit  to  wliich  motions  may  be  j)ut  upon  one 
another,  there  can  be  no  })recedence  of  one 
over  another  among  amendirients  to  amend- 
ments ;  and,  conse(juentIy,  tiiey  can  only  be 
moved,  one  at  a  time,  or,  at  all  events,  must 
be  put  to  tlie  (piestion  in  the  order  in  which 
they  are  moved. 

111.  Wlien  a  motion  for  striking  out  words 
is  jiut  to  tlie  question,  the  ])ar]iamentary  form 
always  is,  whether  the  w^rds  i<h<ill  i<tanil  as 
part  of  the  jirincipal  motion,  and  not  whether 
they  tihall  he  struck  out.  The  reason  for  tliis 
form  of  stating  the  question  ])robably  is,  that 
the  question  may  be  taken  in  the  same  manner 
on  a  j)art  as  on  the  whole  of  the  principal  mo- 
tion ;  which  would  not  be  the  case,  if  the 
question  was  stated  on  striking  out ;  inasmuch 
as  the  ({uestion  on  the  ])rincipal  motion,  when 
it  comes  to  be  stated,  will  be  on  agreeing  to 
it,  and  not  on  striking  out  or  rejecting  it.  Be- 
sides, as  an  e(pial  division  of  the  assendjly 
would  produce  a  different  decision  of  the  ques- 
tion, according  to  the  manner  of  stating  i*^,  it 


AMENDMENTS.  79 

might  happen,  if  the  question  on  the  amend- 
ment was  stated  on  striking  out,  that  the  same 
question  would  be  decided  both  affirmatively 
and  negatively  by  the  same  vote.* 

[This  is  invariably  the  form  in  the  Bri*.* 
ish  Parliament.  In  the  United  States  tht 
question  is  always  put,  as  Mr.  Gushing  states 
in  the  following  note,  "  Shall  the  words  be 
stricken  out  of  the  amendment  ?  "  Whether 
this  question  is  decided  in  the  affirmative  or 
negative,  the  amendment  is  pro])osed  to  the 
main  proposition  in  the  form  which  this  vote 
gives  it. — Ed.] 

112.  On  a  motion  to  amend  bv  strikins^  out 
certain  words,  the  manner  of  stating  the  ques- 
tion is,  first  to  read  the  passage  proposed  to  be 
amended,  as  it  stands ;  then  the  words  pro- 
posed to  be  struck  out ;  and,  lastly,  the  whole 
passage  as  it  will  stand  if  the  amendment  is 
adopted. 

Sect.  YIL     Amendments  by  inserting. 

113.  If   an   amendment  is  proposed  by  in- 

*  The  connnoii,  if  not  the  only,  mode  of  statinj:]^  the 
question,  in  tlie  legislative  assemblies  of  this  country,  is 
on  "  striking  out." 


so  PAKLIAMKNTARY    PRACTICE. 

sorting  or  aikling  a  j»nrngraj>h  or  words,  and 
the  amendment  is  rejected,  it  cannot  be  moved 
again  to  insert  the  same  words  or  a  part  of 
them  ;  but  it  may  be  moved  to  insert  tlie  same 
words  with  others,  or  a  part  of  tlie  same  wonls 
with  others,  j»rovi«le<l  the  coherence  really 
make  them  different  jiropositions, 

114.  Tims,  if  it  is  moved  to  amend  the  pro, 
position  A  B  by  inserting  C  D,  and  the 
amendment  is  rejected.  C  D  cannot  be  again 
moved  ;  but  it  may  be  moved  to  insert  ('  K, 
or  I)  E,  orCD  E.' 

lir».  If  it  is  j)ro]>osed  to  amend  by  insert- 
ing a  ]»aragraph,  and  the  amendment  prevails, 
it  cannot  be  afterwards  moved  to  strike  out 
the  same  words  or  a  j»nrt  of  them  ;  but  it  may 
be  moved  to  strike  out  the  same  words  with 
others,  *  or  a  ]»art  of  the  same  words  with 
others,  provided  the  coherence  be  such  as  to 
make  these  proi>osition<  r^'.-dly  different  fn)m 
the  first. 

110,  Thus,  if  in  the  example  above  .sup- 
posed, the  amendment  ju'evails,  and  C  D  is 
inserted    it   cannot  be   afterwards  move<l   to 

•  This  is  the  common  case  of  strikinjj  out  a  paragraph, 
after  having  amended  it  by  inserting;  words. 


AMENDMENTS.  81 

strike  out  C  D,  but  it  may  be  moved  to  strike 
out  A  C  or  A  C  D,  or  D  B,  or  C  D  B. 

117.  When  it  is  proposed  to  amend  by  in« 
serting  a  paragraph,  this  amendment  may  be 
amended  in  three  different  ways,  namely, 
either  by  striking  out  a  part  of  the  paragraph  j 
or  by  inserting  something  into  it ;  or  by  strike 
ing  out  and  inserting. 

118.  Thus,  if  it  is  proposed  to  amend  A  B^ 
by  inserting  C  D,  this  amendment  may  be^ 
amended  either  by  striking  out  C  or  D,  or 
inserting  E,  or  by  striking  out  C  or  D  an<J 
insertinor  E. 

119  When  it  is  proposed  to  amend  by  in- 
serting a  paragraph,  those  who  are  in  favor  of 
the  amendment  should  amend  it,  if  necessary, 
before  the  question  is  taken  ;  because  if  it  is 
rejected,  it  cannot  be  moved  again,  and,  if 
received,  it  cannot  be  amended. 

120.  There  is  no  precedence  of  one  over 
another  in  amendments  to  amendments  by  in- 
serting, any  more  than  in  amendments  to 
amendments  by  striking  out. 

121.  On  a  motion  to  amend  by  inserting  a 
paragraph,  the  manner  of  stating  the  question 
is,  first,  to  read  the  passage  to  be  amended,  as 
it  stands  ;  then  the  words  proposed  to  be  iu- 


82  rAIiLIAMKXTAlIV    1'1:ACT1CE. 

serte<l ;  aixl   lastly,   Xhv  wliole  j^assagc  as  it 
will  stand  if  the  amciulment  prevails. 

Sect.  VIII.  Amkndmknts  by  sumkini;  out 

AM>    IXSEHTIN<;. 

122.  The  third  form  of  amending  a  propo- 
sition, namely,  by  striking  out  certain  words 
and  inserting  others  in  their  j)lace,  is,  in  fact, 
a  combination  of  the  otlier  two  forms;  and 
may  accordingly  be  divided  into  those  two 
forms,  either  by  a  vote  of  the  assemblv,  or  on 
the  demand  of  a  member,  under  a  special  rule 
to  that  effect.* 

1*23.  If  the  motinii  is  divided,  the  question 
is  first  to  be  taken  on  striking  out  ;  and  if  tliat  is 
decided  in  tlio  aflirmative,  then,  on  inserting; 
but  if  the  former  is  decided  in  the  neQ:ative, 
the  latter  falls,  of  course.  ^)ii  a  division,  the 
proceedings  are  the  same,  in  reference  to  each 
branch  of  the  question,  beginning  with  the 
striking  out,  as  if  each  branch  had  been  moved 
bv  itself. 

» 

Mr.  .Teffersoii  (§xxxv,)  says,  '*  the  qupstion,  If  flosired, 
is  then  to  be  divided,"  &C.  ;  but,  as  he  makes  no  exce{)tioii 
of  a  uiotion  U^  strike  out  and  insert,  wlien  treating  of  the 
subject  of  division,  and  dues  not  here  state  it  as  an  excei>- 
tion.  lie  undoubtedly  supposes  the  division  iu  this  ca.se  to 
V>e  made  iu  the  regular  and  usual  manner. 


AMENDMENTS.  83 

124.  If  the  motion  to  strike  out  and  insert 
is  put  to  the  question  undivided,  and  is  decided 
in  the  negative,  the  same  motion  cannot  be 
made  again  ;  but,  it  may  be  moved  to  strike 
out  the  same  words,  and,  1,  insert  nothing  ; 
2,  insert  other  words  ;  3,  insert  the  same  words 
with  others  ;  4,  insert  a  part  of  the  same  words 
with  others  ;  5,  strike  out  the  same  words 
with  others,  and  insert  the  same  ;  6,  strike  out 
a  part  of  the  same  words  with  others,  and 
insert  the  same  ;  7,  strike  out  other  words  and 
insert  the  same  ;  and,  8,  insert  the  same 
words,  without  striking  out  any  thing. 

125.  If  the  motion  to  strike  out  and  insert 
is  decided  in  the  affirmative,  it  cannot  be  then 
moved  to  insert  the  words  struck  out  or  a  part 
of  them,  or  to  strike  out  the  words  inserted, 
or  a  part  of  them  ;  but,  it  may  be  moved,  1,  to 
insert  the  same  words  witli  others  ;  2,  to  insert 
a  part  of  the  same  words  with  others  ;  3,  to 
strike  out  the  same  words  with  others  ;  or,  4, 
to  strike  out  a  part  of  the  same  words  with 
others. 

126.  When  it  is  proposed  to  amend  by 
striking  out  and  inserting,  this  amendment 
may  be  amended  in  three  differennt  ways  in 
the  paragraph  proposed  to  be  struck  out,  and 


84  PARLIAMENTARY    PRACTICE. 

also  in  the  paragrajdi  proposed  to  be  iiis'^rteo, 
namely,  by  striking  out,  or  inserting,  or  strik- 
ing out  and  inserting.  And  those  who  are  in 
favor  of  either  paragra})h  must  amend  it.  before 
the  question  is  taken,  for  the  reasons  already 
stated,  namely,  that,  if  decided  in  the  affirma- 
tive, the  ]>art  struck  out  cannot  be  restored, 
nor  cati  tlie  }>art  inserted  be  amended  ;  and,  if 
decided  in  the  negative,  the  part  j»roj)osed  to 
be  struck  out  cannot  be  amended,  nor  can  the 
|)aragra]>li  pro]»osed  to  be  inserted  be  moved 
flLcaln. 

rJT.  On  a  motion  to  amend,  bv  strikiiiGT  out 
certain  words  and  inserting  others,  the  manner 
of  stating  the  question  is  first  to  read  the  whole 
passage  to  be  amended,  as  it  stands  ;  then  the 
words  proposed  to  be  struck  out  ;  next  those 
to  be  inserted  ;  and,  lastly,  the  whole  passage 
as  it  will  stand  when  amended. 

Sect.  IX.     Amendments  changing  the 
Nature  of  a  Question. 

128.  The  term  amendment  is  in  strictness  ap- 
plicable only  to  to  those  changes  of  a  proposi- 
tion, by  which  it  is  improved,  that  is,  rendered 
more  eliectual  for  the  purpose  which  it  has  in 


AMEN^DMEXTS.  85 

view,  or  made  to  exjiress  more  clearly  and 
definitely  the  sense  which  it  is  intended  to 
expres.  Hence  it  seems  proper,  that  those 
only  should  undertake  to  amend  a  proposition, 
who  are  friendly  to  it:  but  this  is  by  no  means 
the  rule ;  when  a  proposition  is  regularly 
moyed  and  seconded,  it  is  in  the  possession  of 
the  assemb-ly,  \Par  56,  92,  "F".]  and  cannot  be 
withdrawn  but  by  its  leave  ;  it  has  then  be- 
come  the  basis  of  the  future  proceedings  of 
the  assembly,  and  may  be  put  into  any  shape, 
and  turned  to  any  purpose,  that  the  assembly 
may  think  proper. 

129.  It  is  consequently  allowable  to  amend 
a  proposition  in  such  a  manner  as  entirely  to 
alter  its  nature,  and  to  make  it  bear  a  sense 
different  from  what  it  was  originally  intended 
to  bear ;  so  that  the  friends  of  it,  as  it  was  first 
introduced,  may  themselves  be  forced  to  vote 
against  it,  in  its  amended  form. 

130.  This  mode  of  proceeding  is  sometimes 
adopted  for  the  purpose  of  defeating  a  propo. 
sition,  by  compelling  its  original  friends  to 
unite  with  those  who  are  opposed  to  it,  in 
voting  for  its  rejection.  Thus,  in  the  British 
House  of  Commons,  Jan.  29,  1765,  a  resolution 
being   moved,  "  That  a  genera]    ^rarrant   foi 


86  PAliLl  AMENTA  K'V     I'KA*  THE. 

appreheiuling  the  authors,  j^riiiters,  or  publish- 
ers of  a  libel,  togetlier  with  their  paj)ers,  is  not 
warranted  by  law,  and  is  an  high  violation  of 
the  liberty  of  the  subject:  " — it  was  moved  to 
amend  this  motion  bv  itrefixinir  the  followinjr 
paragraph,  namely  :  ''  That  in  the  })artieular 
case  of  libels,  it  is  j^roper  and  necessary  t<>  fix, 
by  a  vote  of  this  house  only,  what  ought  to  be 
deein<'d  the  law  in  respect  of  general  warrants; 
and,  for  that  jmrpose,  at  the  time  when  the 
determination  of  the  leijalitv  of  such  warrants, 
in  the  instance  of  a  most  seditious  and  treas- 
onable libel,  is  actually  <lepending  before  the 
courts  of  law,  for  this  house  to  declare  '' — that 
a  ff€)ieral  irarrant  for  (ipitreheuilim/  the 
authors,  printers^  or  puhlisJiers  of  a  Hbtly 
tnf/ether  trith  their  papers^  is  not  irarraitted  bi/ 
I((fr^  (Uifl  is  an  hiffh  violation  of  the  liJ^erti/  of 
the  sah'/trt.  The  amendment  was  a<hipte<l, 
after  a  long  <lebate,  and  then  the  resolution 
as  amended  was  immediately  rejected  without 
a  division.* 


•This  nirvle  of  defeatinfr  a  mra<iire.  however,  is  not  al- 
ways siu-i'«*ssful  In  17>0.  Mr.  l)ur.riinK  liaviuj;  made  a  mo- 
tion, in  the  hou.se  of  commons,  "that  in  the  opinion  of 
this  house,  the  influt*nce  <»f  the  crown  lia.s  increase<l,  is 
increasing,  and  oujrht  to  be  diminishe*.!."  Dundas,  lord- 
advocate  of  Scotland,  in  onler  to  defeat  the  motion,  pro- 
posed   to   amend,  by    inserting,    after   the    words,    in   the 


AMENDMENTS.  87 

131.  But  sometimes  the  nature  oi  a  propo- 
sition is  chansred  bv  means  of  amendments, 
with  a  view  to  its  adoption  in  a  sense  the  very 
opjDOsite  of  what  it  was  originally  intended  to 
bear.  The  foUowimg  is  a  striking  example  of 
this  mode  of  proceeding.  In  the  house  of 
commons,  April  10,  1744,  a  resolution  was 
moved,  declaring,  "  That  the  issuing  and 
paying  to  the  Duke  of  Aremberg  the  sum  of 
forty  thousand  pounds,  sterling,  to  put  the 
Austrian  troops  in  motion  in  the  year  1742, 
was  a  dangerous  misapplication  of  public 
money,  and  destructive  of  the  rights  of  parlia- 
ment." The  object  of  this  resolution  was  to 
censure  the  conduct  of  the  ministers ;  and  the 
friends  of  the  ministry,  being  in  a  majority, 
might  have  voted  directly  upon  the  motion  and 
rejected  it.  But  they  j^referred  to  turn  it  into 
a  resolution  approving  of  the  conduct  of  min- 
isters on  the  occasion  referred  to  ;  and  it  was 
accordingly  moved  to  amend,  by  leaving  out 
the  words  "  a  dangerous  misapplication,"  &g. 
to  the  end  of  the  motion,  and  inserting  instead 
thereof  the  words,  "  necessary  for  putting  the 

OPINION  OF  THIS  HOUSE,  the  WOlds  IT  IS  NOW  NECESSARY 

TO  DECLARE  THAT,  t&c  But  tliis  amendment,  instead  of 
intimidating  the  friends  of  the  original  motion  was  at  once 
adopted  by  them,  and  the  resolution  passed  as  amended. 


88  PARLIAMENTARY    PRACTICE. 

Baid  troops  in  motion,  an<i  of  great  consequence 
to  the  common  cause."  The  amendment  being 
adopted,  it  was  resolved  (reversing  the  original 
projtosition)  "That  the  issuing  and  paying  to 
the  Duke  of  Arcmbert;  the  sum  of  forty  thou- 
sand  pounds,  to  jnit  the  Austrian  troops  in 
motion,  in  the  year  174*2,  was  necessary  for 
putting  the  said  troops  in  motion,  and  of  great 
consequence  to  the  common  cause." 

182.  It  is  a  mode  of  defeating  a  proposition, 
somewhat  similar  to  that  above  mentioned,  to 
carry  out  or  extend  the  principle  of  it,  l)y 
means  of  amendments,  so  as  to  show  the 
inconvenience,  absurdity,  or  danger  of  its 
adoption,  with  such  evident  clearness,  that  it 
becomes  impossible  for  the  assembly  to  agree 
to  it.  Thus,  a  motion  having  been  made  in 
the  house  of  commons,  '*  for  copies  of  all  the 
k'tters  written  by  the  lords  of  the  admiralty  to 
a  certain  officer  in  the  navv,''  it  was  moved  to 
amend  the  motion  by  adding  these  words  : — 
^  wbich  letters  may  contain  orders,  or  be 
rcii-tive  to  orders,  not  executed,  and  still  sub- 
sisting." This  amendment  being  ado])ted,  the 
motion  as  amended  was  unanimously  rejected. 

133,  It  will  be  seen,  from  the  foivgoing 
examples,  that  as  the  mover  of  a  proposition 


AMENDMENTS.  89 


is  under  no  restriction  as  to  embracino-  incon- 
gruous  matters  under  the  same  motion  ;  so, 
on  the  other  hand,  the  assembly  may  engraft 
upon  a  motion,  by  way  of  amendment,  mat- 
ter which  is  not  only  incongruous  with,  but 
entirely  opposed  to,  the*motion  as  originally 
introduced  ;  and,  in  legislative  assemblies,  it 
is  not  unusual  to  amend  a  bill  by  striking  out 
all  after  the  enacting  clause,  and  inserting  an 
entirely  new  bill ;  or  to  amend  a  resolution 
by  striking  out  all  after  the  words  "Re- 
solved that,"  and  inserting  a  proposition  of  a 
wholly  different  tenor 


CHAPTER  X. 

')F    THE     ORDER     AXD     SUCCESSION     OP      QUES- 
TIONS. 

134.  It  is  a  general  rule,  that,  when  a  pro- 
position is  regularly  before  a  deliberative  as- 
sembly, for  its  consideration,  no  other  pro- 
position or  motion  can  regularly  be  made  or 
arise,  so  as  to  take  the  place  of  the  former, 
and  be  first  acted  upon,  unless  it  be  either, 
1irst^  a  privileged  question ;  secondly,  a   sub- 


90  rAUIJAMKM  AKV     I'RAi  TICK. 

sidiary    question  ;   or,    tJiinlbj,   an    incident.i! 
question  or  motion. 

135.  All  these  motions  take  the  j»lac?of  the 
principal  motion,  or  main  question,  us  it  is 
usually  called,  and  are  to  be  first  ])Ut  to  the 
question  ;  and,  aninnc:  tliomselves,  also,  there 
are  some,  which,  in  like  manner,  take  the 
place  of  all  the  others.  Some  of  these  ques- 
tions merely  supersede  the  princij)al  (juestion, 
until  they  have  been  decided ;  and,  when 
decided,  whothcr  atHrmativrlv  <>r  nejrativelv, 
leave  that  question  as  before.  Others  of  them 
also  supersede  the  )»rincipal  qiiestion,  until 
thev  are  decided  ;  an<l,  when  deci«led  one  wav, 
dis)>ose  of  the  ]>rincipal  «juestion  ;  but,  if  dc- 
ci«k'd  the  *>ther  wav,  leave  it  as  before. 

Sect.   1.      l'i:iviLi:t,i,i»  Qlkstiuns. 

loO.  There  are  certain  motions  or  ques- 
tions, which,  on  account  of  the  superior  im- 
j>ortance  attributed  to  them,  either  in  conse- 
quence of  a  vote  of  the  assembly,  or  in  them- 
selves considered,  or  of  the  necessity  of  the 
proceedings  to  which  they  lead,  are  entitled 
to  take  the  ])lace  of  any  other  subject  or  pro- 
position, which  may  then  be  under  considera- 


ADJOURNMENT.  91 

tion,  and  to  be  first  acted  upon  and  decided 
by  the  assembly.  These  are  called  privileged 
questions,  because  they  are  entitled  to  prece- 
dence over  other  questions,  though  they  are  of 
different  degrees  among  themselves.  Ques- 
tions of  this  nature  are  of  three  kinds,  namely, 
fii'st,  motions  to  adjourn  ;  secondly^  motions 
or  questions  relating  to  the  rights  and  priv- 
ileges of  the  assembly,  or  of  its  members  in- 
dividually ;  and,  thirdly^  motions  for  the 
orders  of  the  day. 

Adjournment.  ' 

137.  A  motion  to  adjourn  takes  the  place 
of  all  other  questions  whatsoever  ^ ;  for, 
otherwise,  the  assembly  might  be  kept  sitting 
against  its  will,  and  for  an  indefinite  time  ; 
but,  in  order  to  entitle  this  motion  to  pre- 
cedence, it  must  be  simply  to  "  adjourn,"  with- 

*  It  is  commonly  said,  that  a  motion  to  adjourn  is  al- 
ways in  order,  bat  this  is  not  precisely  true.  The  ques- 
tion of  adjournment  may,  indeed,  be  moved  repeatedly  ou 
the  same  day;  yet,  in  strictness,  not  without  some  inter- 
mediate question  being  proposed,  after  one  motion  to  ad- 
journ is  disposed  of,  and  before  the  next  motion  is  made 
for  adjourning;  as, for  example,  an  amendment  to  a  pend- 
ing question,  or  for  the  reading  of  some  paper.  The  rea- 
son of  this  is,  tliat,  until  some  other  proceeding  has  inter- 
vened.the  question  already  decided  is  the  same  as  tJiat  uew« 
ly  moved. 


9'J  I'AKI.IAMKNTAKY     I'KA*    IKK. 

out  xhv  a«Milion  of  any  particular  dny  or  time. 
AikI,  as  the  object  of  this  motion,  wlun  made 
in  the  midst  of  some  other  proceedinjri  and 
with  a  view  to  supersede  a  question  already 
proposed,  is  simply  to  break  up  tlic  sitting, 
it  does  not  admit  of  any  amendment  by  the 
a«]dilion  of  a  particular  <lay,  or  ifi  any  other 
manner:  thouj^h,  it  a  motion  to  adjourn  is 
inadr,  Nxlicn  no  other  business  is  before  the 
a'^sembly,  it  may  be  amendeil  like  other  ques- 
tions. 

\'.\'^.  A  motion  to  adjourn  is  merely,  "that 
thi>»  :i«--»  nibly  do  now  adjourn  ;  "  and,  if  it  is 
carried  in  the  aflirmative,  the  assembly  is  ad- 
journed to  the  next  sitting  «lay ;  unless  it  has 
}>reviou8ly  come  to  a  resolution,  that,  on  ris- 
ing, it  will  adjourn  to  a  particular  day  ;  in 
which  case,  it  is  adjourned  to  that  day. 

1:I0.  An  adjournment  without  day,  that  is, 
without  any  time  being  fixed  for  reassem- 
Minil,  would,  in  the  case  of  any  other  than  a 
legislative  assembly,  be  equivalent  to  a  dis- 
solution.* 

• '  t)i.'  inudnf^w  of  a  deHberaUTe 

i^j^^  (t  i>l<»-v  to  adjourn  th^'aiwemhly 

wi-  s.     A  l-'ti^r  r  t:  oMan  a<lj..iin>- 

im:       <     j.ut  diy.  If  w-  -lojo  of  the  word 

adjourn,  tn  a  cont'radit'tl  ►n  in  teraw. 


QUESTIONS   OF    PRIVILEGE.  93 

140.  When  a  question  is  interrupted  by  an 
adjournment,  before  any  vote  or  question  has 
been  taken  upon  it,  it  is  thereby  removed  from 
before  the  assembly,  and  will  not  stand  before 
it,  as  a  matter  of  course,  at  its  next  meeting, 
but  must  be  brought  forward  in  the  usual  way. 

Questions  of  Privilege. 

141.  The  questions,  next  in  relative  impor- 
tance, and  which  supersede  all  others  for  the 
time  being,  except  that  of  adjournment,  are 
those  which  concern  the  rights  and  privileges 
of  the  assembly,  or  of  its  individual  members; 
as,  for  example,  when  the  proceedings  of  the 
assembly  are  disturbed  or  interrupted, whether 
by  strangers  or  members ;  or  where  a  quarrel 
arises  between  two  members;  and,  in  these 
cases,  the  matter  of  privilege  supersedes  the 
question  pending  at  the  time,  together  with 
all  subsidiary  and  incidental  ones,  and  must 
be  first  disposed  of.  When  settled,  the  ques- 
tion interrupted  by  it  is  to  be  resumed,  at  the 
point  where  it  was  suspended. 

Orders  of  the  Day. 

142.  When  the  consideration  of  a  subject 


94  PAULIAMKNTAIIV    rRACTICE. 

has  been  assigned  for  a  particular  day,  l)y  an 
order  of  the  asjfcmbly,  the  mailer  so  assigned 
is  called  the  order  of  the  day  for  that  day.  If, 
in  tlie  course  of  business,  as  eoninionly  liap- 
pens  in  legislative  assemblies,  there  are 
several  subjects  assigned  f«»r  the  same  <lay, 
they  are  called  the  orders  of  the  dav. 

143.  A  cpiestion,  which  is  thus  made  the 
eubject  of  an  order  for  its  consideration  on  a 
particular  day,  is  thereby  made  a  ))riyileged 
question  for  that  day  ;  the  order  being  a  lo. 
peal,  as  to  this  special  case,  of  the  general 
rule  as  to  business.  If,  therefore,  any  other 
proposition  (with  the  exception  of  the  two 
preceding  *)  is  moved  or  arises,  on  the  day  as- 
eiixned  for  the  consideration  of  a  j»articular 
subject,  a  motion  for  the  order  of  the  day  will 
supersede  the  question  first  made,  togetiier 
with  all  subsidiary  and  incidental  (piestioTis 
connected  with  it,  and  must  be  iirst  put  and 
decided  ;  for  if  the  debate  or  consideration  of 
that  subject  were  allowed  to  proceed,  it  might 
continue  through  the  day  and  thus  defeat  the 
order. 

[*  €.  g.^  A  motion  to  adjourn,  and  a  question 
of  privilege."] 

144.  But  this  motion,  to  entitle  it  to  prcce- 


ORDERS    OF    THE    DAY.  95 

dence,  must  be  for  the  orders  generally,  if  there 
is  more  than  one,  and  not  for  any  particular 
one  ;  and,  if  decided  in  the  affirmative,  that  is. 
that  the  assembly  will  now  proceed  to  the 
orders  of  the  day,  they  must  then  be  read  and 
gone  through  with,  in  the  order  in  which  they 
stand ;  priority  of  order  being  considered  to 
give  priority  of  right. 

145.  If  the  consideration  of  a  subject  is  as- 
signed for  a  i^articular  hour  on  the  day  named, 
a  motion  to  proceed  to  it  is  not  a  privileged 
motion,  until  that  hour  has  arrived  ;  but,  if  no 
hour  is  fixed,  the  order  is  for  the  entire  day 
and  every  part  of  it. 

146.  Where  there  are  several  orders  of  the 
iay,  and  one  of  them  is  fixed  for  a  particular 
hour,  if  the  orders  are  taken  up  before  that 
hour,  they  are  to  be  proceeded  with  as  they 
stand,  until  that  hour,  and  then  the  subject 
assigned  for  that  hour,  is  the  next  in  order  ; 
but,  if  the  orders  are  taken  up  at  that  time  or 
afterwards,  that  particular  subject  must  be  con- 
sidered as  the  first  in  order. 

147.  If  the  motion  for  the  orders  of  the  day 
is  decided  in  the  affirmative,  the  original 
question  is  removed  from  before  the  assembly, 
in  the  same  manner  as  if  it  had   been  inter- 


96  PAKMAMKNTAKY    PRACTICE, 

ruptod  by  an  adjounimont,  and  does  not  stand 
before  the  assembly,  as  a  matter  of  course,  at 
Its  next  meeting,  but  must  be  renewed  in  the 
usual  way. 

148.  If  the  motion  is  derided  in  tlie  neora- 
tive,  the  vote  of  the  assembly  is  a  discharire 
of  the  orders,  so  far  as  they  interfere  with  the 
consideration  of  the  subject  then  before  it, 
an<l  entitles  that  subject  to  be  first  disposed 
of. 

140.  Orders  of  the  day,  unless  proceeded  in 
and  disjiosed  of  on  the  day  assigned,  fall,  of 
course,  and  must  be  renewed  for  some  other 
day.  Ii  m.iy  be  pn)yi«led,  however,  by  a 
special  rulr,  as  in  the  legislative  assemblies 
of  Massachusetts,  that  the  ordeis  for  a  par- 
ticular day  shall  Imld  for  every  succeeding  day, 
until  disposed  of. 

[In  French  parliamentary  procedure,  "the 
order  of  the  day"  pure  and  simj)le,  is  equiva- 
lent to  "  lavins:  on  the  table,"  Bv  this 
method,  a  debate  in  the  French  Chamber,  is 
often  summarily  stopped,  or  a  subject  disposed 
of,  until  the  proper  moment  arrives,  in  the 
opinion  of  the  Ministry,  for  taking  it  up.  The 
American  j)arliamentary  code,  on  the  con- 
trary, disposes  of  an  objectionable  measure  or 


QUESTIONS    OF    ORDER  97 

motion,  for  the  time  being,  by  "  laying  it  en  the 
table  " — while  the  "  order  of  the  day  "  cau 
only  be  called  for  when  the  day  or  hour  for 
which  it  has  been  previously  set  down 
arrives. — Ed]. 

Sect.  II.    Ixcidextal  Questions. 

150.  Incidental  questions  are  such  as  arise 
out  of  other  questions,  and  are  consequently 
to  be  decided  before  the  questions  which  give 
rise  to  them.  Of  this  nature  are,j^rs^,  ques- 
tions of  order  ;  second,  motions  for  the  read- 
ing of  papers,  etc.;  third,  leave  to  withdraw  a 
motion  ;  fourth,  suspension  of  a  rule  ;  and, 
fifth,  amendment  of  an  amendment. 

Questions  of  Order. 

151.  It  is  the  duty  of  the  presiding  officer 
of  a  deliberative  assembly,  to  enforce  the  rules 
and  orders  of  the  body  over  which  he  presides, 
in  all  its  proceedings  ;  and  this  without  ques- 
tion, debate,  or  delay,  in  all  cases,  in  which 
the  breach  of  ordei-,  or  the  departure  from 
rule,  is  manifest.  It  is  also  the  right  of  every 
member,  taking  notice  of  the  breach  of  a  ru.le, 

p.  M. — 4 


98  PARLIAMENTARY     PRACTICE. 

to  insist   ujion    the   cnforr'oment  of  it  in  the 
same  manner. 

152.  But,  though  no  question  can  be  made, 
as  to  the  enforcement  of  the  rules,  when  there 
is  a  breach  or  manifest  departure  from  them, 
so  long  as  any  member  insists  upon  tln'ir 
enforcement  ;  yet  questions  may  ami  do  fre- 
ijuently  arise,  as  to  the  fact  of  there  being  a 
breach  of  order,  or  a  violation  of  the  rules  in 
a  particular  proceeding  ;  and  these  questions 
must  be  decided  before  a  case  can  arise  for 
the  enforcement  of  the  rules.  Questions  of 
this  kind  are  denominated  questions  of  order. 

153.  When  any  question  of  this  nature 
arises,  in  the  course  of  any  other  proceeding, 
it  necessarily  supersedes  the  further  consider- 
ation of  the  subject  out  of  which  it  arises, 
until  that  question  is  disposed  of  ;  then  the 
original  motion  or  proceeding  revives,  and 
resumes  its  former  position,  unless  it  has  been 
itself  disposed  of  by  the  question  of  onkr. 

154.  When  a  question  of  order  is  raised,  as 
it  may  be  by  any  one  member,  it  is  not  stated 
from  the  chair,  and  decided  by  the  assembly, 
like  other  questions  ;  but  is  decided,  in  the 
first  instance,  by  the  presiding  officer,  without 
any   previous   debate   or   discussion    bv    the 


KEADIXG    PAPERS.  99 

assembly.  If  the  decision  of  the  presiding 
officer  is  not  satisfactory,  any  one  member 
may  object  to  it,  and  haye  the  question 
decided  by  the  assembly.  This  is  called 
appealing  from  the  decision  of  the  chair. 
The  question  is  then  stated  by  the  presiding 
officer,  on  the  appeal,  namely  :  shall  the  deci- 
sion of  the  chair  stand  as  the  decision  of  the 
assembly  f  and  it  is  thereupon  debated  and 
decided  by  the  assembly,  in  the  same  manner 
as  any  other  question  ;  except  that  the  presid- 
ing officer  is  allowed  to  take  a  part  in  the  de- 
bate, which,  on  ordinary  occasions,  he  is  prohib- 
ited from  doing. 

Reading  Papers. 

155.  It  is,  for  obvious  reasons,  a  general 
rule,  that,  where  papers  are  laid  before  a 
deliberatiye  assembly,  for  its  action,  every 
member  has  a  ris^ht  to  have  them  once  read 
at  the  table,  before  he  can  be  compelled  to 
vote  on  them  ;  and,  consequently,  when  the 
reading  of  any  paper,  relative  to  a  question 
before  the  assembly,  is  called  for  under  this 
rule,  no  question  need  be  made  as  to  the 
reading ;  the  paper  is  read  by  the  clerk,  under 
the  direction  of  the  presiding  officer,  as  a 
matter  of  course. 


100  PAKI.IAMKNTAKY    PRA*  TICK. 

156.  But,  ^^h\l  the  oxcoj»lion  of  pnj>orfl 
cominfx  under  tliis  rule,  it  is  not  tlie  rig'nt  of 
any  member  to  read  liimself,  or  to  have  rea«l, 
any  paper,  ho<»k,  (»r  <h>cument  uhatever,  with- 
out the  li-ave  of  the  assemhly,  upi>n  a  motion 
made  an«l  a  (juestion  put  for  the  purpose.  The 
delay  and  interruption,  whieh  would  otlu-rwise 
ensue  from  reading  every  j»aper  that  miglit 
be  called  for,  show  the  ahsolutc  necessity  of 
restricting  the  rule  within  the  narrowest  pos- 
sible limits,  consistently  with  permitting 
every  member  to  have  as  much  information 
as  possible,  <tn  the  subjects  in  reference  to 
wliich  he  is  about  to  vote, 

ir»7.  When,  thrrefMrr,  a  memlier  desires 
that  any  paper,  book,  or  documint,  on  the 
table,  whetlier  printe<l  or  written  (except  as 
above  mentioned)  shouM  be  read  for  his  own 
information,  or  that  of  the  assemblv  ;  «»r  de- 
sires  to  read  any  sueh  paper,  book,  or  docu- 
ment, in  his  plact*,  in  the  course  of  a  debate, 
or  otherwise  ;  or  even  to  read  his  own  speech 
which  he  h.as  prepared  beforehand  an«l  com- 
mitted to  writing;  in  all  these  cases,  if  any 
objection  is  made,  he  must  obtain  leave  of  the 
assembly,  for  the  reading,  by  a  motion  and 
vote  for  the  purpose. 


WITHDRAWAL   OK    A .  MOTtO^; ' .  191 

158.  When  the  reading  of  a  paper  is  evi- 
gently  for  information,  and  not  for  delay,  it  is 
the  usual  practice  for  the  presiding  officer  to 
allow  of  it,  unless  objection  is  made,  in  which 
case  leave  must  be  asked  ;  and  this  is  seldom 
refused,  where  there  is  no  intentional  or 
gross  abuse  of  the  time  and  patience  of  the 

assembly. 

159.  It  is  not  now  the  practice,  as  it  once 
was,  in  legislative  assemblies,  to  read  all 
papers  that  are  presented,  especially  when 
they  are  referred  to  committees  immediately 
on  their  presentation  ;  though  the  right  of 
every  member  to  insist  upon  one  reading  is 
still  admitted.  It  would  be  impossible,  with 
the  amount  of  business  done  by  legislative 
bodies,  at  the  present  day,  to  devote  much  of 
their  time  to  the  reading  of  papers. 

160.  When  in  the  course  of  a  debate  or  other 
proceeding,  the  reading  of  a  paper  is  called 
for,  and  a  question  is  made  upon  it,  this  question 
is  incidental  to  the  former,  and  must  be  first 
decided. 

Withdrawal  of  a  Motion.   • 

161.  A  motion,  when  regularly  made,  sec- 
onded, and  proposed  from  the  chair,  is  then 


1C2  P\*?T..AMKNr.*  RY    TRAfTir  R. 

in  tne  ])osscssion  of  the  assembly,  and  cannot 
be  withdrawn  bv  the  mover,  or  directly  dis- 
posed  of  in  any  manner,  but  by  a  vote  ;  lience, 
if  the  mover  of  a  question  wishes  to  modifv  it 
or  to  substitute  a  different  one  in  its  j>lace,  lie 
must  obtain  the  leave  of  the  assembly  for  that 
purj^ose;  which  leave  can  only  be  had,  if 
objection  is  made,  ]»y  a  motion  [which  is  not 
debatable]  and  question  in  the  usual  mode  of 
proceeding.  [Par.  56,  ?ir)te'\. 

1(>2.  If  this  motion  is  decided  in  the  affirm- 
ative, the  motio?]  to  which  it  relates  is  thereby 
removed  from  before  the  assemblv,  as  if  it 
ha<l  never  been  moved  ;  if  in  the  negative, 
the  business  j>roceeds  as  before. 

Sl'SPEXSIOX    OF    A    HlLK. 

163.  When  any  contemj)lated  motion  or  pro- 
ceeding is  rendered  impracticable,  by  reason 
of  the  existence  of  some  special  rule  by  which 
it  is  prohibited,  it  has  become  an  established 
practice  in  this  country,  to  suspend  or  dispense 
with  the  rule,  for  the  purpose  of  admittinfj  the 
proceeding  or  motion  which  is  desire<l.  This 
can  only  be  done  by  a  motion  and  question  ; 
and,  wliere  this  course  is  taken  in  order  to  a 
motion  having  reference  to  a  ]>roposition  then 


AMENDMENT  OF  AMENDMENTS.     103 

under  consideration,  a  motion  to  suspend  the 
rule  supersedes  the  original  question  for  the 
time  being,  and  is  first  to  be  decided,  [without 
debate.] 

164.  It  is  usual,  in  the  code  of  rules  adopted 
by  deliberative  assemblies,  and  especially 
legislative  bodies,  to  provide  that  a  certain 
number  exceeding  a  majority,  as  two  thirds  or 
three  fourths,  shall  be  competent  to  the  sus- 
pension of  a  rule  in  a  particular  case  ;  where 
this  is  not  jjrovided,  there  seems  to  be  no 
other  mode  of  suspending  or  dispensing  witb 
a  rule  than  by  general  consent. 

Amendment  of  Amendments. 

165.  In  treating  of  amendments,  it  has  al- 
ready been  seen,  that  it  is  allowable  to  amend 
a  proposed  amendment ;  and  that  the  question 
on  suck  sub-amendment  must  necessarily  be 
put  and  decided  before  putting  the  question 
on  the  amendment.  The  former  is  incidental 
to  the  latter,  and  supersedes  it  for  the  time 
beino^. 

Sect.  III.     Subsidiary  Questions. 

166.  Subsidiary,  or  secondary,  questions  or 
motions,  as  has  already  been  stated,  are  those 


104  PAIU.IAMKNTAKV     rilACTirE. 

which  relate  to  a  })rincij)al  motion,  aiul  are 
made  use  of  to  enable  the  assembly  to  dispose 
of  il  in  the  most  appropriate  manner.  These 
motions  have  tho  effect  to  supersede,  and,  in 
some  cases,  when  decided  one  way,  to  dispose 
of,  the  princij»al  question.  They  are  also  of 
<1ifferent  degrees  among  themselves,  and,  ac- 
cording to  their  several  natures,  supersede, 
und  sometimes  dispose  of,  one  another. 

167.  The  subsi<liary  motions  in  common  use 
are  the  following,  namely  : — lie  on  the  table, — 
the  ]>revious  question, — po8t]>onement,  either 
indefinite  ur  to  a  day  certain, — commitment, 
— and,  amendment. 

168.  It  is  a  general  rule,  with  certain  ex- 
ceptions which  will  be  immediately  mentioned, 
that  subsidiary  UK'tioiis  cannot  be  applied  to 
one  another;  as  for  example,  suppose  a  motion 
to  postpone,  commit  or  amend  a  principal 
question,  it  cann<jt  be  move<l  to  suppress  the 
motion  to  postpone,  *fcc.,  by  putting  a  previous 
question  on  it ;  or,  suppose  the  previous  ques- 
tion is  moved,  or  a  commitment,  or  amen<l- 
ment,  of  a  main  <piostion,  it  cannot  be  moved 
to  post]>one  the  }>reviou3  question,  or  the 
motion  for  commitment  or  amendment.  The 
reasons  for  this  rule  are :  1.  It  would  be  absurd 


SUBSIDIARY    QUESTIONS.  105 

to  separate  the  appendage  from  its  principal ; 
2.  It  would  be  a  piling  of  questions  one  on 
another,  which,  to  avoid  embarrassment,  is  not 
allowed ;  and  3.  The  same  result  may  be 
reached  more  simply  by  voting  against  the 
motion  which  it  is  attempted  to  dispose  of  by 
another  secondary  motion. 

169.  The  exceptions  to  the  rule  above  stated 
are,  that  motions  to  postpone  (either  to  a  day 
certain  or  indefinitely),  to  commit,  or  to  amend, 
a  principal  question,  may  be  amended,  for  the 
reason,  that  the  useful  character  of  amend- 
ment gives  it  a  privilege  of  attaching  itself  to 
a  secondary  and  privileged  motion  "  ;  that  is, 
a  subsidiary  motion  to  carry  out  and  improve 
another  may  be  applied  to  that  other,  but 
a  subsidiary  motion  to  dispose  of  or  suppress 
another  is  not  admissible.  Hence,  the  sub- 
sidiary motions  above  mentioned  may  be  am- 
ended. 

170.  A  previous  question,  however,  cannot 
be  amended  ;  the  nature  of  it  not  admitting  of 
any  change.  Parliamentary  usage  has  fixed 
its  form  to  be,  shall  the  main  question  be  now 
put?  that  is,  at  this  instant;  and,  as  the 
present  instant  is  but  one,  it  cannot  admit  of 
any  modification  ;  and  to  change  it  to  the  next 


10(5  PARLIAMENTARY    PRACTICE. 

day  or  any  other  moment,  is  without  example 
or  utility.  For  the  same  reasons,  alsso,  that 
the  form  of  it  is  fixed  by  parliamentary  usa;j^e, 
and  is  already  as  simple  as  it  can  be.  a  motion 
to  lie  on  the  table  cannot  be  amended. 

Lie  on  tue  Table. 

171.  This  motion  is  usually  resorted  to, 
■when  the  a.sscmbly  has  something  else  before 
it,  which  claims  its  present  attention,  and 
therefore  desires  to  lay  aside  a  propositi(^n  for 
a  short  but  indefinite  time,  reserving  to  itself 
the  power  to  take  it  up  when  convenient. 
This  motion  takes  precedence  of  and  buper- 
setles  all  the  other  subsidiary  motions. 

[In  Congress,  by  8j)€cial  rule,  the  motion  to 
lie  on  the  table  is  subordinate  only  to  the 
motion  to  adjourn.  By  parliamentary  law  it 
is  subordinate  to  all  three  of  the  priveleged 
(juestiong.  It  i^  not  debatable,  nor  subject  to 
amendment.  A  member  may  have  a  motion 
made,  or  resolutions  offered  by  himself  laid 
on  the  table.  Thus  in  U.  8.  Senate,  Feb.  23, 
188G,  Mr.  Morgan,  of  Alabama,  presented  a 
preamble  and  resolutions  which  were  read,  and 
then  at  his  request,  the  lesolutions  were  laid  on 
the  table  to  wait  until  he  chose  to  call  them  up 
for  the  action  of  the  Senate. — (Par.  72)  Ed.] 


PREVIOUS  QUESTION.  107 

172.  If  decided  in  the  affirmative,  the  prin- 
cipal motion,  together  with  all  the  other  mo-  ^ 
tions,  subsidiary  and  incidentaljConnected  with ' 
it,  is  removed  from  before  the  assembly,  until 
it  is  again  taken  up ;  which  it  may  be,  by 
motion  and  vote,  at  any  time,  when  the  as- 
sembly pleases. 

173.  If  decided  in  the  negative,  the  business 
proceeds  in  the  same  manner  as  if  the  motion 
had  never  been  made. 

Previous  Question. 

174.  This  motion  has  already  been  describ- 
ed (63),  and  the  nature  and  effect  of  it  fully 
stated.  It  stands  in  an  equal  degree  with  all 
the  other  subsidiary  motions,  except  the  mo- 
tion to  lie  on  the  table ;  and,  consequently,  if 
first  moved,  is  not  subject  to  be  superseded  by 
a  motion  to  postpone,  commit  or  amend. 

175.  If  the  previous  question  is  moved 
before  the  others  above  mentioned,  and  put 
to  the  question,  it  has  the  effect  to  prevent 
those  motions  from  being  made  at  all ;  for, 
if  decided  affirmatively,  to  wit,  that  the  main 
question  shall  now  be  put,  it  would  of  course 
be  contrary  to  the  decision  of  the  assembly, 
und  therefore  against  order,  to  postpone,  com- 


108  rAULlA.MEXTAHV     I'RACTKE. 

mit,  or  amend;  and  if  decided  negatively,  to 
wit,  that  the  main  question  shall  not  now  be 
put,  this  takes  the  main  question  out  <'f  the 
possession  of  the  assembly,  for  the  day,  so 
that  there  is  then  nothing  before  it  to  post- 
pone, commit  or  amend.* 

Postponement. 

17G.  The  motion  to  postpone  is  either  in- 
detinit«  or  to  a  day  certaij^  •  and,  in  both  these 
forms,  may  be  amended ;  in  the  former,  by 
makin<,'  it  to  a  day  certain,— in  the  latter,  by 
substituting  one  day  for  another.  But,  in  the 
latter  case  propositions  to  substitute  ditVerent 
days  for  that  originally  named,  bear  more  re- 
semblance to  propositions  for  filling  blanks, 
than  thev  do  to  amendments,  and  should  be 
considered  and  treated  aocordinjly. 

177.  If,  therefore,  a  motion  s  made  for  an 
indefinite  postponement,  it  may  be  moved  to 
amend  the  motion  by  making  it  to  a  day 
certain.  If  any  other  day  is  desued,  it  may 
be  moved   as  a    amendment    to  the   amend- 

•  In  the  house  of  reprcdenlatlvesof  Maseachusetts.  as  the 

effect  of  a  negative  decision  of  the  previous  question  Is  not 

to  remove  the   principal  question  from  before  the  house, 

1  that  question  is  still  open  to  post ponemenr.  commitment, 

or  amendment,  noiwliatandlng  such  negative  decision. 


POSTPONEMENT.  109 

ment ;  or  it  may  he  moved  as  an  independent; 
motion,  when   the   amendment  has   been  re 
jected. 

[In  many  legislative  assemblies  the  practice 
is  different,  and  motions  to  postpone  indefi- 
nitely cannot  be  amended,  for  the  reason  that 
one  form  of  question  cannot  be  changed  into 
another. — Ed.] 

178.  If  a  motion  is  made  for  a  postpone- 
ment to  a  day  certain,  it  may  be  amended  by 
the  substitution  of  a  different  day  :  but  in  this 
case,  a  more  simple  and  effectual  mode  of 
proceeding  is  to  consider  the  day  as  a  blank, 
to  be  filled  in  the  usual  manner,  beginning 
with  the  longest  time. 

179.  This  motion  stands  in  the  same  degree 
Tvith  motions  for  the  previous  question, — to 
commit, — and  to  amend ;  and,  if  first  made, 
is  not  susceptible  of  being  superseded  by 
them. 

180.  If  a  motion  for  postponement  is  de- 
cided affirmatively,  Ihe  proposition  to  which  it 
is  applied  is  removed  from  before  the  assem- 
bly, with  all  its  appendages  and  incidents,  and 
consequently  there  is  no  ground  for  either  of 
the  other  subsidiary  motions  ;  if  decided  nega- 
tively, that  the  proposition  shall  not  be  post- 


110  PARLIAMENTARY    PRACTICE. 

poned,  that  question  may  then  be  suppressed 
by  the  previous  question,  or  committed,  or 
amended. 

Commitment. 

181.  A  motion  to  commit,*  or  recommit 
(which  is  the  term  used  when  the  proposition 
has  ah'eady  been  once  cojnmitted),  may  be 
amended,  by  the  substitution  of  one  kind  of 
committee  for  another,  or  by  enlarjn^infj^  or 
diminishing  the  number  of  the  members  of 
the  committee  as  originally  proposed,  or  by 
instructions  to  the  committee. 

[*  The  motion  itself  may  be  debated,  but 
no  debate  on  the  merits  of  the  ([uestion  id 
allowed  until  reported  back  to  the  house. — Ed.  J 

182.  This  motion  stands  in  the  same  degi  ee 
with  the  previous  question  and  postponement 
— and,  if  tirst  made,  is  not  superceded  by 
them— but  it  takes  precedence  of  a  motion  to 
amend. 

183.  If  decided  affirmatively,  the  propo- 
sition is  removed  from  before  the  assembly ; 
and,  consequently,  there  is  no  ground  for  the 
previous  question,  or  for  the  postponement,  or 
amendment :  if  negatively,  to  wit,  that  the 
principal    (juestion    shall    not   be  committed. 


AMENDMENT. 


Ill 


that   question  may   then  be   suppressed  by 
the    previous   question,     or    postponed,     or 

amended. 

Amendment. 

1 84.  A  motion  to  amend,  as  has  been  seen, 
may  be  itself  amended.  It  stands  in  the 
same  degree  only  with  the  previous  question 
and  indefinite  postponement,  and  neither,  if 
first  moved  is  superseded  by  the  other. 

185.  But  this  motion  is  liable  to  be  super- 
seded by  a  motion  to  postpone  to  a  day 
certain ;  so  that  amendment  and  postpone- 
ment competing,  the  latter  is  to  be  first  put. 
The  reason  is,  that  a  question  for  amendment 
is  not  suppressed  by  postponing  or  adjourning 
the  principal  question,  but  remains  before 
the  assembly,  whenever  the  main  question  is 
resumed  ;  for  otherwise,  it  might  happen,  that 
the  occasion  for  other  urgent  business  might 
go  by  and  be  lost  by  length  of  debate  on  the 
amendment,  if  the  assembly  had  no  power  to 
postpone  the  whole  subject. 

186.  A  motion  to  amend  may  also  be  super- 
seded by  a  motion  to  commit ;  so  that  the 
latter,  though  subsequently  moved,  is  to  be 
first  put ;  because,  "in  truth,  it  facilitates  and 
befriends  the  motion  to  amend." 


112         PARLIAMENTARY  PRACTICE. 

187.  The  effect  of  botli  a  negative  and  an 
affirmative  decision  of  amendments  has  ah-eady 
been  considered  (04  to  127). 


CHAPTER  XL 

OF    THE    ORDER    OF    PROCEEDING. 

188.  Wlien  several  subjects  are  before  the 
assembly,  tbat  is,  on  their  table  for  consider- 
ation (for  there  can  be  but  a  single  subject 
under  consideration  at  the  same  time),  and  no 
priority  has  been  given  to  any  one  over 
another  the  presiding  officer  is  not  precisely 
bound  to  any  order,  as  to  what  matters  .»haU 
be  first  taken  up  ;  but  left  to  his  own  dis- 
cretion, unless  the  assembly  on  a  question 
decide  to  take  up  a  particulai*  subject. 

189.  A  settKd  order  of  business,  however, 
where  the  proceedings  of  an  assembly  aio 
likely  to  last  a  considerable  time,  and  the 
matters  before  it  are  somewhat  numerous,  is 
useful  if  not  necessaiy  for  the  government  of 
the  ])residiiig  officer,  and  to  restrain  individual 
members  from  calling  up  favorite  measures, 
or  matters  under  their  special  charge,  out  of 
their  iust  time.     It  is  also  desu'able,  for  direct- 


ORDER    OF    BUSINESS.  113 

ing  the  discretion  of  the  assembly,  when  a 
motion  is  made  to  take  up  a  particular  matter, 
to  the  prejudice  of  others,  which  are  of  right 
entitled  to  be  first  attended  to,  in  the  general 
order  of  business. 

190.  The  order  of  business  may  be  estab- 
lished in  virtue  of  some  general  rule,  or  by 
special  orders  relating  to  each  particular  sub- 
ject ;  and  must,  of  course,  necessarily  depend 
upon  the  nature  and  amount  of  the  matters 
before  the  assembly. 

191.  The  natural  order,  in  oonsidering  and 
amending  any  paper  which  consists  of  several 
discinct  propositions,  i?,  to  begin  at  the  begin- 
ing,  and  proceed  through  it  by  paragraphs  j 
and  this  order  of  proceeding,  if  strictly  ad- 
hered to,  as  it  should  always  be  in  numerous 
assemblies,  would  prevent  any  amendment  in 
a  former  part  from  being  admissable,  after  a 
latter  part  had  been  amended ;  but  this  rule 
does  not  seem  to  be  so  essential  to  be  observed 
in  smaller  bodies,  in  which  it  may  often  be 
advantageous  to  allow  of  going  from  one  part 
of  a  paper  to  another,  for  the  purpose  of 
amendments. 

192.  To  this  natural  order  of  beginning  at 
the  beginning,  there  is  one  exception  accord- 


114        PARLIAMENTARY  PRACTICE. 

ing  to  parliamentary  usage,  where  a  resolution 
or  series  of  resolutions,  or  other  paper,  has  a 
preamble  or  title  ;  in  which  case,  the  preamble 
or  title  is  postponed,  until  the  residue  of  the 
paper  is  gone  through  with, 

11)3.  In  considering  a  proposition  consisting 
of  several  paragraphs  the  course  is,  for  the 
whole  paper  to  be  read  entirely  through,  in 
the  first  place  by  the  clerk  :  then,  a  second 
time,  by  the  presiding  officer,  by  paragraphs ; 
pau-iug  at  the  end  of  each,  and  putting  ques- 
tions for  amending,  if  amendments  are  pro- 
posed ;  and,  when  the  whole  ))aper  has  been 
gone  through  with,  in  this  manner,  the  presid- 
ing officer  puts  the  final  question  on  agreeing 
to  or  adopting  the  whole  paper,  as  amended, 
or  unamended 

104.  When  a  paper  which  has  been  refer- 
red to  a  committee,  and  reported  back  to  the 
assembly,  is  tak'U  up  for  consideration,  the 
amendments  only  are  first  read,  in  course,  by 
the  clerk.  The  presiding  officer  then  leads 
the  first,  and  puts  it  to  the  question,  and 
so  on  until  the  whole  are  adopted  or  re- 
jected, before  any  other  amendment  is  ad- 
mitted, with  the  exception  of  an  amendment 
to  an  amendment.     When  the  amendments  re- 


ORDER    or    BUSINESS.  115 

ported  by  the  committee  have  been  thus  dis- 
posed of,  the  presiding  officer  pauses,and  gives 
time  for  amendments  to  be  proposed  in  the 
assembly  to  the  body  of  the  paper  (which  he 
also  does,  if  the  paper  has  been  reported  with- 
out amendments,  putting  no  questions  but  on 
amendments  proposed);  and  when  through  the 
whole,  he  puts  the  question  on  agreeing  to  or 
adopting  the  paper,  as  the  resolution,  order, 
&c.,  of  the  assembly. 

195.  The  final  question  is  sometimes  stated 
merely  on  the  acceptance  of  the  report,  but  a 
better  form  is  on  agreeing  with  the  committee 
in  the  resolution,  order,  or  whatever  else  the 
conclusion  of  the  report  may  be,  as  amended, 
or  without  amendment ;  and  the  resolution 
or  order  is  then  to  be  entered  in  the  journal  as 
the  resolution  &c.,  of  the  assembly,  and  not 
as  the  report  of  the  committee  accepted. 

196.  When  the  paper  referred  to  a  commit- 
tee is  reported  back,  as  amended,  in  a  new 
draft  (which  may  be  and  often  is  done,  whei-e 
the  amendments  are  numerous  and  compara- 
tively unimportant),  the  new  draft  is  to  be 
considered  as  an  amendment,  and  is  to  be 
first  amended,  if  necessary,  and  then  put  to 
tho  question   as  an  amendment  reported  by 


116  PARLIAMENTARY  PRACTICE. 

the  committee ;  or,  the  course  may  be,  first  to 
accppt  the  new  draft  as  a  substitute  for  the 
original  paper,  and  then  to  treat  it  as  such. 

197.  It  often  happens,  that,  besides  a 
principal  question,  there  are  severiJ  others 
connected  with  it,  ponding  at  the  s:ime  time, 
which  are  to  be  taken  in  their  order  ;  as,  for 
example,  suppose,  ^flrst,  a  principal  motion  : 
second,  a  motion  to  amend  third,  a  motion 
to  commit:  fourth,  the  proceeding  motions  be- 
ing j>cnding,  a  question  of  ordor  arises  in  the 
debate,  which  gives  occasion.^/?/ /A,  to  a  ques- 
tion of  privilege,  and  this  lead.>,  sixth,  to  a 
subsidiary  motion,  as  to  lie  on  the  table. 
The  regular  course  of  proceeding  requires  the 
motion  to  lie  on  the  table  to  be  first  put ;  if 
tliis  is  negatived,  tlie  question  of  privilege  is 
then  settled  :  after  that  comes  the  question 
of  order  ;  then  the  question  of  commitment  : 
if  that  is  negatived  the  question  of  amend- 
ment is  taken  :  and.  lasth',  the  main  question. 
This  examjile  will  sufficiently  illustrate  the 
manner  in  which  questions  may  grow  out  of 
one  another,  and  in  what  order  they  are  to  be 
decided.* 

•  The  order  of  motions,  for  the  disposal  of  any  quesMon, 
Is  usually  fixed  by  a  special  rule,  in  legislative  assemblies. 
See  note  to  paragraph  61. 


ORDER    OF    BUSINESS.  IIT 

198.  When  a  motion  is  made  and  seconded, 
it  is  the  ddty  of  the  presiding  officer  to  pro- 
pose it  to  the  assembly ;  until  this  is  done,  it 
is  not  a  question  before  the  assembly,  to  be 
acted  upon  or  considered  in  any  manner  ;  and 
consequently  it  is  not  then  in  order  for  any 
member  to  rise  either  to  debate  it,  or  to  make 
any  motion  in  relation  to  it  whatever. 

199.  It  is  therefore  a  most  unparliamentary 
and  abusive  proceeding  to  allow  a  principal 
motion  and  a  subsidiary  one  relating  to  it  to  be 
proposed  and  stated  together,  and  to  be  put 
to  the  question  in  their  order ;  as  is  done, 
when  a  member  moves  a  piincipal  question, 
are-olution,  for  example,  and,  at  the  same 
time,  the  previous  question,  or  that  the  reso- 
lution lie  on  the  table.  In  such  a  case,  the 
presiding  officer  should  take  no  notice  what- 
ever of  the  subsidiary  motion,  but  should 
propose  the  principal  one  by  itself  in  the  usual 
manner,  before  allowing  any  other  to  be  made. 
Other  members,  then,  would  not  be  deprived 
of  their  rights  of  debate,  &c.,  in  relation  to 
the  subject  moved. 

200.  When  a  member  has  obtained  the 
floor,  he  cannot  be  cut  off  from  addressing  the 
assembly,  on  the  question  before  it ;  nor,  when 


118         PARLIAMENTARY  PRACTICE. 

speaking,  can  he  be  interrupted  in  his  speech, 
by  any  other  member  rising  and  moving  an 
adjournment,  or  for  the  orders  of  the  day,  or 
by  making  any  other  privileged  motion  of  the 
same  kind ;  it  being  a  general  rule,  that  a 
member  in  possession  of  ihe  floor,  or  proceed- 
ing with  his  speech,  cannot  be  taken  down  or 
interrupted,  but  by  a  call  to  order;  and  the 
question  of  order  being  decided,  he  is  still  to 
be  heard  through.  A  call  for  an  adjourn- 
ment, or  for  the  orders  cf  the  day.  or  for  the 
question,  by  gentlemen  in  their  seats,  is  not  a 
motion  :  as  no  motion  can  be  mnde,  without 
rising  and  addressing  the  chair,  and  being 
called  to  by  the  presiding  oflicer.  Such  calls 
for  the  question  are  themselves  breaches  of 
order,  which,  though  the  member  who  has 
risen  may  respect  them,  as  an  expression  of 
the  impatience  of  the  assembly  at  further 
debate,  do  not  prevent  him  from  going  on  if 
he  pleases. 


ORDER    IN    DEBATE.  119 


CHAPTER  XII. 


OF    ORDER    IN    DEBATE. 


201.  Debate  iu  a  deliberative  assemblv 
must  be  distinguished  from  forensic  debate, 
or  that  which  takes  place  before  a  judicial 
tribunal;  the  former  being,  in  theory,  at  least, 
more  the  expression  of  individual  opinions 
among  the  members  of  the  same  body;  the 
latter  more  a  contest  for  victory,  between  the 
disputants,  before  a  distinct  and  independent 
body  ;  the  former  not  admitting  of  replies  ;  the 
latter  regarding  reply  as  the  right  of  one  of 
the  parties.* 

202.  It  is  a  general  rule,  in  all  deliberative 
assemblies,  that  the  presiding  officer  shall  not 
participate  in  the  debate,  or  other  pi'oceedings, 
in  any  other  capacity  than  as  such  officer. 
He  is  only  allowed,  therefore,  to  state  matters 
of  fact  within  his  knowledge;  to  inform  the 
assembly  on  points  of  order  or  the  course  of 

*  An  exception  to  this  rule  is  sometimes  made  in  favor  of 
the  mover  of  a  question,  who  is  allowed,  at  the  close  of  the 
debate,  to  replj'  to  the  ar^ments  brought  against  his  motion; 
but  this  is  a  matter  of  favor  and  indulgence,  and  not  of  right. 


120  PARLIAMENTARY    PRACTICE. 

proceeding,  when  called  upon  for  that  pur- 
pose, or  when  he  finds  it  necessary  to  do  so  ; 
and  on  appeals  from  his  decision  on  questions 
of  order,  to  address  the  assembly  in  debate. 

Sect.   I.     As  to  the  Manner  of  speaking. 

203.  When  a  member  desires  to  address 
the  assembly,  on  any  subject  before  it  (as 
well  as  to  make  a  motion),  he  is  to  rise  and 
stand  up  in  his  place,  uncovereil,  and  to 
address  himself  not  to  the  assembly,  or  any 
particular  member,  but  to  the  presiding  officer, 
who,  on  hearing  him,  calls  him  by  his  name, 
oiiat  the  assembly  may  take  notice  who  it  is 
that  speaks,  and  give  their  attention  accord- 
ingly. If  any  question  arises,  as  to  who  shall 
be  entitled  to  the  fioor,  where  several  mem- 
bers rise  at  or  nearly  at  ihe  same  time,  it  is 
decided  in  the  manner  already  described  (-46), 
as  to  obtaining  the  floor  to  make  a  motion. 

204.  It  is  customary,  indeed,  for  the  pre- 
siding officer,  after  a  motion  has  been  made, 
seconded,  and  proposed,  to  give  the  floor  to 
the  mover  *,  in  preference  to  others,  if  he  rises 

•Sometimes  a  m*  mber,  instead  of  proposing  his 
motion,  ar  flrr-r,  proce*^ds  with  his  speecl\;  but  in  such  a 
"lise,  he  Is  liable  to  be  taken  down  to  order,  unless  he 
.^ates  that  he  intends  to  conclude   with  a  motion,  and 


MANNER    OP    SPEAKING.  121 

to  speak;  or,  on  resuming  a  debate,  after  an 
adjournment,  to  give  the  floor,  if  he  desires  it, 
to  the  mover  of  the  adjournment,  in  preference 
to  other  members;  or,  where  two  or  more 
members  claim  the  floor,  to  prefer  him  who 
is  opposed  to  the  measure  in  question;  but 
in  all  these  cases,  the  determination  of  the 
presiding  officer  may  be  overruled  by  the 
assembly. 

205.  It  is  sometimes  thought,  that,  when 
a  member,  in  the  course  of  debate,  breaks  off 
his  speech,  and  gives  up  the  floor  to  another 
for  a  particular  purpose,  he  is  entitled  to  it 
again,  as  of  right,  when  that  purpose  is 
accomplished  ;  but,  though  this  is  generally 
conceded,  yet,  when  a  member  gives  up  the 
floor  for  one  purpose,  he  does  so  for  all ;  and 
it  is  not  possible  for  the  presiding  officer  to 
take  notice  of  and  enforce  agreements  of  this 
natiu'e  between  members. 

206.  Xo  person,  in  speaki rg,  is  to  mention 
a  member  then  present  by  his  name ;  but  to 
describe  him  by  his  seat  in  the  assembly,  or 
as  the  member  who  spoke  last,  or  last  but  one^ 
or  on  the  other    side  of   the  question,   or  by 

Informs  tlie  assembly  what  that  motion  is,  and  ihe>    ve 
may  be  allowed  to  proceed. 


122  PARLIAMENTARY    PRACTICB. 

6ome  other  equivaleut  expression.  The  pur- 
pose of  this  rule  is  to  guard  as  much  as 
possible  agaiust  the  excitement  of  all  personal 
feeling,  either  of  favor  or  of  hostiht\',  by  sepa- 
rating, as  it  were,  the  official  from  the  personal 
character  of  each  member,  and  liaving  regard 
to  the  former  only  in  the  debate. 

207.  If  the  presiding  officer  lises  up  to 
«peak,  an}-  other  member,  who  may  have 
risen  for  the  same  purpose,  ought  to  sit  down, 
in  order  that  the  former  may  be  first  heard  ; 
but  this  rule  does  not  authorize  the  presiding 
officer  to  interrupt  a  member,  whilst  speaking, 
or  to  cut  off  one  to  whom  he  has  given  the 
floor :  he  must  wait  like  other  members  until 
such  member  has  done  speaking. 

208.  A  member,  whilst  speaking,  must  re- 
main standing  in  his  place,  uncovered  :  and 
when  he  has  finished  his  speech,  he  ought  tc 
resume  his  seat ;  but  if  unable  to  stand  with- 
out pain  or  inconvenience,  in  consequence  of 
age,  sickness,  or  other  infirmity,  he  may  be 
indulged  to  speak  sitting. 

Sect.  II.     As  to  the  Manner  of  speaking. 

209.  Every  question,  that  can  be  made  in 
a  deliberative  assembly,  is  susceptible  of  being 


MATTER  IN  SPEAKING.  123 

debated,  *  according  to  its  nature  ;  that  is, 
every  member  has  the  right  of  expressing  his 
opinion  upon  it.  Hence,  it  is  a  general  rule, 
and  the  principal  one  relating  to  this  matter, 
that,  in  debate,  those  who  speak  are  to  confine 
themselves  to  the  question,  and  not  to  speak 
impertinently,  or  beside  the  subject.  So  long 
as  a  member  has  the  floor,  and  keeps  withia 
the  rule,  he  may  speak  for  as  long  a  time  as 
he  pleases  ;  though,  if  an  uninteresting  speaker 
trespasses  too  much  upon  the  time  and  pa- 
tience of  the  assembly,  the  members  seldom 
fail  to  show  their  dissatisfaction  in  some  way 
or  other,  which  induces  him  to  bring  his  re- 
marks to  a  close. 

210.  It  is  also  a  rule,  that  no  person,  in 
speaking,  is  to  use  indecent  language  against 
the  proceedings  of  the  assembly,  or  to  reflect 
upon  any  of  its  prior  determinations,  unless 
he  means  to  conclude  his  remarks  with  a 
motion  to  rescind  such  determination :  but 
while  a  proposition  under  consideration  is  still 


*  In  legislative  bodies,  it  is  usual  to  provide,  that  certala 
quesiions,  as,  lor  example,  to  aajourn,  to  lie  on  tlie  table, 
fertile  previous  question,  or,  as  to  tlie  order  of  bu&iness, 
sball  be  decided  wiihout  debate.  [In  Congress,  all 
debate  is  interdicted.— ^rf.] 


124  PARLIAMENTARY    PRACTICE. 

pending,  and  not  adopted,  though  it  may  have 
been  reported  bv  a  committee,  reflections  on 
it  are  no  reflections  on  the  assemblv.  The 
rule  applies  equally  to  the  proceedings  of 
committees;  which  arc,  indeed,  the  proceed- 
ings of  the  assemV)ly. 

211.  Another  rule  in  speaking  is,  that  no 
member  is  at  liberty  to  diprress  from  the  mat- 
ter  of  the  question,  to  fall  upon  the  person  of 
another,  and  to  speak  reviling,  nipping,  or 
unmannerly  words  of  or  to  him.  The  nature 
or  consequences  of  a  measure  may  be  repro- 
bated in  strong  terms :  but  to  arraign  the 
motives  of  those  who  advocate  it,  is  a  person- 
ality and  against  order. 

212.  It  is  very  often  an  extremely  difficult 
and  delicate  matter  to  decide  whether  the  re- 
marks of  a  member  are  pertinent  or  relevant 
to  the  (juestion  :  but  it  will,  in  general,  be  safe 
for  the  presiding  officer  to  consider  them  so, 
unless  they  yery  clearly  reflect,  in  an  improper 
manner,  either  upon  the  person  or  motives  of 
a  member,  or  upon  the  proceedings  of  the 
assembly  :  or  the  member  speaking  digresses 
from  or  manifestly  mistakes  the  question. 

213.  It  often  happens  in  the  consideration 
of  a  subject,  that,  whilst  the  general  question 


MATTER   IX    SPEAKING.  125 

remains  the  same,  the  particular  question 
before  the  assembly  is  constantly  changing ; 
thus,  while,  for  example,  the  general  question 
is  on  the  adoption  of  a  series  of  resolutions, 
the  particular  question  may,  at  one  moment, 
be  on  an  amendment ;  at  another  on  postpone- 
ment ;  and,  again,  on  the  previous  question. 
In  all  these  cases,  the  particular  question 
supersedes,  for  the  time,  the  main  question  ; 
and  those  who  speak  to  it  must  confine  their 
remarks  accordingly.  The  enforcement  of 
order,  in  this  respect,  requires  the  closest 
attention  on   the  part  of  the  presiding  officer. 

214.  When  a  member  is  interrupted  by  the 
presiding  officer,  or  called  to  order  by  a  mem- 
ber, for  irrelevancy  or  departing  from  the 
question,  a  question  may  be  made  as  to 
whether  he  shall  be  allowed  to  proceed  in  his 
remarks,  in  the  manner  he  was  speaking  when 
he  was  interrupted ;  but,  if  no  question  is 
made,  or  if  one  is  made  and  decided  in  the  neg- 
ative, he  is  still  to  be  allowed  to  proceed  in 
order,  that  is,  abandoning  the  objectionable 
course  of  remark. 

[The  member  addressing  the  chair,  will 
say,  "  I  rise  to  a  point  of  order."  Having 
stated  the  points  which,  in  his  opinion,  show 


12C  PAULIASIENTAKY    rRACTIC'E. 

tliat  the  S}>eakor  is  digressive  and  irrelevant 
in  his  remarks,  the  presiding  officer  will 
rule  whether  the  memher  is  out  of  order  or 
not.  If  an  appeal  is  taken  from  the  j)resi- 
dent's  ruling,  it  is  not  dehatable. — Ki>.] 

Sect.  III.     As  to  timks  ok  stkakin*;. 

21.'».  The  general  rule,  in  all  ddiherative 
assemhlies,  unless  it  is  otherwise  Rj>eoiallv 
provided,  is,  that  no  member  sh.ill  speak  more 
than  once  to  the  same  question  ;•  although  the 
<lehale  on  tliat  question  may  he  adjourned 
and  0(»ntinued  throunh  several  davs ;  and. 
althougli  a  memher,  who  desires  to  sjH'ak  a 
«ec«>nd  time,  has,  in  the  course  of  tli<^  debate, 
changed  liis  ojtinion. 

[This  rule  exists  in  Congress,  but  in  asi- 
semblies  wliich  have  adopted  no  rule,  mem- 
bers may  speak  twice  to  principal  and  sub- 
sidiary tpiestions,  but  not  on  questions  of  order 
that  are  debatable.  Hut  whether  a  member 
has  spoken  once  or  twice,  he  may  sjieak  again 
in  e.\])lanation. — Kn.] 

*2i0.     Tliis  rule  refers  to  the  same  question, 

•  Tiie  mover  .and  seconder,  if  they  do  not  sj>e.ik  to  the 
question,  at  the  time  when  the  nmtion  is  m.ado  .ind  ser- 
onded.  li.-we  the  same  right  with  other  membera  to  address 
the  assembly. 


TIMES    OF    SPEAKING.  127 

technically  considered  ;  for,  if  a  resolution  is 
moved  and  debated,  and  then  referred  to  a 
committee,  those  who  speak  on  the  introduc- 
tion of  the  motion  may  speak  again  on  the 
question  presented  by  the  report  of  the  com- 
mittee, though  it  is  substantially  the  same 
question  with  the  former ;  and,  so,  members, 
who  have  spoken  on  the  principal  or  main 
question,  may  speak  again  on  all  the  sub- 
sidiary or  incidental  questions  arising  in  the 
course  of  the  debate. 

217.  The  rule,  as  to  speaking  but  once  on 
a  question,  if  strictly  enforced,  will  prevent  a 
member  from  speaking  a  second  time  without 
the  general  consent  of  the  assembly,  so  long 
as  there  is  any  other  member  who  himself 
desires  to  speak ;  but,  when  all  who  desire  to 
speak  have  spoken,  a  member  may  speak  a 
second  time  by  leave  of  the  assembly. 

218.  A  member  may  also  be  permitted  to 
speak  a  second  time,  in  the  same  debate,  in 
order  to  clear  a  matter  of  fact ;  or  merely  to 
explain  himself  in  some  material  part  of  his 
speech  ;  or  to  the  orders  of  the  assembly,  if 
they  be  transgressed  (although  no  question 
may  be  made),  but  carefully  keeping  within 
that  line  and  not  falling  into  the  matter  itself; 


128  PAULIAMKNTAUY    rRACTICE. 

219.  It  is  sometimes  supposed,  that,  be- 
cause a  membor  lias  a  riijht  to  explain  him- 
self, 1m?  therefore  has  a  rij^ht  to  interrujU  an- 
other niemher  whilst  speaking,  in  order  to 
make  the  explanation  :  l)ut  this  is  a  mistake; 
he  should  wait  until  the  member  speakinj]^  has 
finished  ;  and  if  a  memljcr,  on  Ijeinij  requested, 
yields  the  floor  for  an  exjdanation,  he  relin. 
quishes  it  ^Itogetlier. 

Skot.  IV.     As  TO  STOPPING  Derate. 

220.  The  only  mode  in  use,  in  this  eountry, 
until  recently,  for  the  j)urpo8e  of  jiutting  an 
end  to  an  unprofitable  or  tiresome  debate, 
was  by  moving  the  previous  question;  the 
effect  of  which  motion,  as  already  explained, 
if  decided  in  the  affirmative,  is  to  require  the 
main  or  principal  question  to  be  immediately 
taken.  When  this  question  is  moved,  there- 
fore, it  necessarily  suspends  all  further  con. 
eideration  of  the  main  (juestion,  and  precludes 
all  further  debate  or  amendment  of  it ;  though, 
as  has  been  seen,  it  stands  in  the  same  degree 
with  postponement,  amendment,  and  conmiit- 
ment ;  and,  unless  in  virtue  of  a  special  rule, 
cannot  be  move<l  while  either  of  those  mo- 
tions is  pending. 


STOPPIXG    DEBATE.  129 

221.  The  other  mode  of  putting  an  end  to 
debate,  which  has  recently  been  introduced 
into  use,  is  for  the  assembly  to  adopt  before- 
hand a  special  order  in  reference  to  a  particular 
subject,  that,  at  such  a  time  specified,  all  de- 
bate upon  it  shall  cease,  and  all  motions  or  ques- 
tions pending  in  relation  to  it  shall  be  decided. 

222.  Another  rule,  which  has  lately  been 
introduced  for  the  purpose  of  shortening 
rather  than  stopping  debate,  is,  that  no  mem- 
ber shall  be  permitted  to  speak  more  than  a 
certain  specified  time  on  any  question  ;  so  that, 
when  the  time  allotted  has  expired,  the  pre- 
siding ofticer  announces  the  fact,  and  the 
member  speaking  resumes  his  seat. 

[Closure. — Under  this  name,  the  British 
Parliament  (1884)  introduced  a  rule  that  when 
debate  has  become  tedious  and  disorderly, 
obstructs  the  imperative  business  of  the  house, 
and  is  considered  to  imperil  the  interests  of 
the  country,  it  may  be  summarily  closed  by  a 
majority  vote,  and  the  measure  under  consider- 
ation be  thereupon  submitted  to  the  decision 
of  the  assembly. — The  Congress  of  the  United 
States  (1886)  has  adopted  a  more  effectual 
rule  to  enable  a  question,  after  reasonable  de- 
bate, to  be  taken  at  once. 
p 


130  PARLIAMENTARY    TRAi  TI<  E. 

The  rule  which  limits  :i  speaker  to  a  speci- 
fieil  time  j)re vails  in  most  deliberative  assem- 
blies, as  well  as  in  courts  of  law,  ami  is  an 
effectual  check  to  prolix  ami  unproHtable  de- 
bate. Where  every  meml)er  has  a  right  to  be 
ieard,  the  rule  should  be  rigidly  enforced, 
not  onlv  to  facilitate  business,  but  in  order 
that  the  sessi'./n  shall  not  be  protracted  to  an 
unseasonable  h<jur.  A  motion  to  adopt  this 
rule  should  be  seconded,  and  a  vote  taken 
without  debate,  its  design  being  not  to  in- 
crease, but  to  prevent  the  consumj)tion  of 
time. — Ki».] 

Sect.  V.     As  to  De<'orum  in  Derate. 

22'^.  Everv  member  haviuir  the  ri'jht  to  be 
hear<l,  everv  other  member  is  bound  to  con- 
duct  himself  in  such  a  manner,  that  this  right 
may  be  etTectual.  Hence,  it  is  a  rule  of  order, 
as  well  as  of  decencv,  that  no  member  is  to 
disturb  another  in  his  speech  by  hissing, 
coughing,  spitting;  by  speaking,  or  whisper- 
ing; by  j>assing  between  the  presi(,ling  officer 
and  the  member  speaking;  by  going  across 
the  assembly-room,  or  walkitig  up  and  down 
in  it;  or  by  any  other  disorderly  deportment, 


STOPPIXG    DEBATE.  131 

which  tends  to  disturb  or  disconcert  a  member 
who  is  speaking. 

224.  But,  if  a  member  speaking  finds,  that 
he  is  not  regarded  with  that  respectful  atten- 
tion, which  his  equal  right  demands, — that 
it  is  not  the  inclination  of  the  assembly  to 
hear  him, — and  that  by  conversation  or  any 
other  noise  they  endeavor  to  drown  his  voice, 
— it  is  his  most  prudent  course  to  submit  him- 
self to  the  pleasure  of  the  assembly,  and  to  sit 
down ;  for  it  scarcely  ever  happens,  that  the 
members  of  an  assembly  are  guilty  of  this 
piece  of  ill  manners,  without  some  excuse  or 
provocation,  or  that  they  are  so  wholly  inat- 
tentive to  one,  who  savs  anv  thins^  worth  their 
hearino'. 

225.  It  is  the  duty  of  the  presiding  officer, 
in  such  a  case,  to  endeavor  to  reduce  the 
assembly  to  order  and  decorum;  but,  if  his 
repeated  calls  to  order,  and  his  appeals  to  the 
good  sense  and  decency  of  the  members, 
prove  ineffectual,  it  then  becomes  his  duty  to 
call  by  name  any  member  who  obstinately 
persists  in  irregularity ;  whereupon  the  as- 
sembly may  require  such  member  to  with- 
draw ;  who  is  then  to  be  heard,  if  he  desires 
it,   in  exculpation,  and  to  withdraw  ;  then  the 


132  PARLIAMENTARY    rRACTICE. 

presiding  officer  states  the  otfence  coininitted, 
and  the  assembly  considers  of  the  kind  and 
degree  of  punishment  to  be  inflicted. 

•220.  If,  on  rt'|)eate<l  trials,  the  presiding 
officer  tinds  that  the  assembly  will  not  sujiport 
liini  in  the  exercise  of  his  authoritv,  he  will 
then  be  justified,  but  not  till  then,  in  permit- 
ting, without  censure,  every  kind  of  disorder. 

Sect.  W.  As  to  Disorderly  W<h:i>s; 

227,  If  a  member,  in  speaking,  makes  use 
of  language,  whith  is  personally  offensive  to 
another,  or  insultini'  to  the  assend>lv,  and  the 
member  offended,  or  any  other,  thinks  jnoper 
to  complain  of  it  to  the  assembly,  the  course 
of  proceeding  is  as  follows  : 

228.  Tlie  member  speaking  is  immediately 
interrupted  in  the  course  of  his  speecn,  by 
another  or  several  members  rising  and  callinsr 
to  order  ;  and,  the  member,  who  ol>jects  or 
complains  of  the  words,  is  then  calle<l  upon 
by  the  presiding  officer  to  state  the  words 
which  he  complains  of,  rej>eating  them  exactly 
as  he  conceives  them  to  have  been  spoken, 
in  order  that  thev  may  be  re<luced  to  writiuij 
by  the  clerk ;  or  the  mend)er  comi)laining, 
without  being  so   called  upon,  may  proceed  at 


DECORUM    IX    DEBATE,  133 

once  to  state  the  words  either  verbally  or  in 
writing,  and  desire  that  the  clerk  may  take 
them  down  at  the  table.  The  presiding 
officer  may  then  direct  the  clerk  to  take  them 
down ;  but  if  he  sees  the  objection  to  be  a 
trivial  one,  and  thinks  there  is  no  foundation! 
for  their  being  thought  disorderly,  he  will 
prudently  delay  giving  any  such  directions,  in 
order  not  unnecessarily  to  interrupt  the  pro- 
ceedings ;  though  if  the  members  generally 
seem  to  be  in  favor  of  having  the  words  taken 
down,  by  calling  out  to  that  effect,  or  by  a 
vote,  which  the  assembly  may  doubtless  pass, 
the  presiding  officer  should  certainly  order  the 
clerk  to  take  them  down,  in  the  form  and 
manner  in  which  they  are  stated  by  the 
member  who  objects. 

229.  The  words  objected  to  being  thus 
written  down,  and  forming  a  part  of  the 
minutes  in  the  clerk's  book,  they  are  next  to 
be  read  to  the  member  who  was  speaking, 
who  may  deny  that  those  are  the  words 
which  he  spoke,  in  which  case,  the  assembly 
must  decide  by  a  question,  whether  they 
are  the  words  or  not.*      If  he    does  not  deny 

*  The  words,  as  written  down,  may  be  amended,  so  as  to 
conform  to  what  th(i  assembly  thinks  to  be  the  truth. 


134  PARLIAMENTARY    PRACTICE. 

that  he  spoke  those  words,  or  when  the 
assembh'  has  itself  determined  what  the 
words  are,  then  the  member  may  either 
justify  them,  or  explain  the  sense  in  which 
he  used  them,  so  as  to  remove  the  objection 
of  their  beinp^  disorderly;  or  he  may  make  an 
apology  for  them. 

280.  If  the  justification,  or  explanation,  or 
apology,  of  the  member,  is  thought  suthcient 
by  the  assembly,  no  further  proceeding  is 
nece«8arv;  the  nu'ml)er  mav  n^sume  and  go 
on  with  his  speech,  the  assembly  being  pre- 
sumed, unless  some  further  motion  is  made, 
to  be  satisfied  ;  but  if  any  two  members  (one 
to  make  and  the  other  to  second  the  motion) 
think  it  necessary  to  state  a  question,  so  as 
to  take  the  sense  of  the  assembly  upon  the 
words,  and  whether  the  member  in  using 
them  has  been  guilty  of  any  offence  towards 
the  assembly,  the  member  must  withdraw 
before  that  question  is  stated  ;  and  then  the 
sense  of  the  assembly  must  be  taken,  and 
such  further  proceedings  had  in  relation  to 
punishing  the  member,  as  may  be  thought 
necessary  and  proj)er. 

231.  The  a>)oye  is  the  course  of  proceeding 
established  by  the  writers   of  prreatest  author- 


DISORDERLY    WORDS.  135 

ity  *,  and  ought  invariably  to  be  pursued  ;  it 
might  however  be  improved,  by  the  member 
who  objects  to  words  writing  them  down  at 
once,  and  thereupon  moving  that  they  be 
made  a  part  of  the  minutes  ;  by  which  means, 
the  presiding  officer  would  be  relieved  from 
the  responsibility  of  determining,  in  the  first 
instance,  upon  the  character  of  the  words. 

232.  If  offensive  words  are  not  taken  notice 
of  at  the  time  they  are  spoken, f  but  the 
member  is  allowed  to  finish  his  speech,  and 
then  any  other  person  speaks,  or  any  other 
matter  of  business  intervenes,  before  notice  ia 
taken  of  the  words  which  gave  offence,  the 
words  are  not  to  be  written  down,  or  the 
member  using  them  censured.  This  rule  is 
established  for  the  common  security  of  all  the 
members  ;  and  to  prevent  the  mistakes  which 
must  necessarily  happen,  if  words  complained 
of  are  not  immediately  reduced  to  writing. 

*  Mr.  Hatsell,  in  England,  and  Mr.  Jefferson,  in  this 
country. 

t  Mr.  Jefferson  (§17)  lays  it  down,  that  "  disorderly 
words  are  not  to  be  noticed  till  the  member  has  finished 
his  speech.'  But  in  this,  he  is  contradicted  by  Hatsell, 
as  well  as  by  the  general  practice  of  legislative  bodies. 


136       PAKLLVMEXTAKV  I'KACTICE. 


CHAPTER  XIII. 

OF  THE    QUESTION. 

233.  When  any  j>roposition  is  made  to  fl 
deliberative  assembly,  it  is  called  a  7notion  / 
when  it  is  stated  or  j>roj»ounded  to  the  as- 
sembly, for  their  acceptance  or  rejection,  it  is 
denominated  a  qut'stion  ;  and,  when  adopted^ 
it  becomes  the  order^  resolution^  or  vote^  of  the 
assembly. 

234.  All  the  proceedings,  which  have  thus 
far  been  considered,  have  only  had  for  their 
object  to  bring  a  proposition  into  a  form  to  be 
put  to  the  question  ;  that  is,  to  be  adopted  as 
the  sense,  will,  or  judgment,  of  the  assembly, 
or  to  be  rejected  ;  according  as  such  j)ropo- 
gition  may  be  fi>und  to  unite  in  its  favor,  or 
to  fail  of  uniting,  a  majority  of  the  mem- 
bers. 

235.  When  any  proposition,  whether  j)rinci- 
pal,  subsidiary,  or  incidental,  or  of  whatever 
nature  it  may  be,  is  made,  seconded,  and 
stated,  if  no  alteration  is  proposed, — or  if  it 
admits  of  none,  or  if  it  is  amended, — and  the 


FORM    OF    QUESTIOX.  137 

debate  upon  it,  if  any,  appears  to  be  brought 
to  a  close,  the  presiding  officer  then  inquires, 
whether  the  assembly  is  ready  for  the  ques- 
tion ?  and,  if  no  person  rises,  the  question  is 
then  stated,  and  the  votes  of  the  assembly 
taken  upon  it. 

236.  The  question  is  not  always  stated  to 
the  assembly,  in  the  precise  form  in  which  it 
arises  or  is  introduced  ;  thus,  for  example, 
when  a  member  presents  a  petition,  or  the 
chairman  of  a  committee  offers  a  report,  the 
question  which  arises,  if  no  motion  is  made, 
is.  Shall  the  petition  or  the  report  he  received'} 
and,  so,  when  the  previous  question  is  moved, 
it  is  stated  in  this  form.  Shall  the  main  ques' 
Hon  he  noio  put  f — the  question  being  stated^ 
in  all  cases,  in  the  form  in  which  it  will  appear 
on  the  journal,  if  it  passes  in  the  affirmative. 

237,  In  matters  of  trifling  importance,  or 
which  are  generally  of  course,  such  as  re. 
ceiving  petitions  and  reports,  withdrawing 
motions,  reading  papers,  &c.,  the  presiding 
officer  most  commonly  supposes  or  takes  for 
granted  the  consent  of  the  assembly,  where 
no  objection  is  expressed,  and  does  not  go 
through  the  formality  of  taking  the  question 
by  a   vote.    But   if,  after   a  vote   has  been 


138  I'AKI.IAMKN  r  AKV     rK\<    IKE. 

taken  in  this  informal  way  and  declarcMl,  any 
inenil»er  rises  to  object,  the  picsidin^  <^fticer 
should  consiiltT  every  thing  that  lias  passed 
as  nothing,  and,  at  once,  go  b,ick  and  juirsue 
the  regular  course  of  proceeding.  Thus,  if  a 
petition  is  received,  without  a  question,  and 
the  clerk  is  proceeding  to  read  it,  in  the  usual 
order  of  business,  if  any  one  rises  to  object, 
it  will  be  the  safest  and  most  proper  course, 
for  the  presiding  othcer  to  require  a  motion  for 
receiving  it  to  be  regularly  made  and  sec- 
onded. 

liSs.  The  (piestion  being  stated  by  the  pre- 
si<ling  officer,  he  first  juits  it  in  the  affirmative, 
namely  :  As  tnatnj  as  are  of  opinion  that — 
repeating  the  words  of  the  question, — say 
aye  ;  and,  immediately,  all  the  members  who 
are  of  that  opinion  answer  aye  ;  the  presiding 
officer  then  puts  the  question  negatively  ;  As 
many  as  are  of  a  difierent  opinion,  sny  no  ; 
and,  thereupon,  all  the  members  who  are  «»f 
that  opinion  answer  n*K  'Die  presi<ling officer 
judges  by  his  ear  which  side  has  "  tlic  more 
voices,"  and  tlecides  accordingly,  that  the  ayes 
have  it,  or  the  noes  have  it,  as  the  case  may  be. 
If  the  presiding  officer  is  <b^ubtful  .as  to  the 
majority  of  voices,  he  may  j.ut  the  question  a 


TAKIXG    THE    QUESTIOX.  139 

second  time,  and  if  he  is  still  unable  to  decide, 
or,  if,  having  decided  according  to  his  judg- 
ment, any  member  rises  and  declares  that  he 
believes  the  ayes  or  the  noes  (whichever  k  may 
be)  have  it,  con'trary  to  the  declaration  of  the 
presiding  officer,*  then  the  presiding  officer 
directs  the  assembly  to  divide,  in  order  that 
the  members  on  the  one  side  and  the  other 
may  be  counted. 

239.  If,  however,  any  new  motion  should 
be  made,  after  the  presiding  officer's  decla- 
ration, or,  if  a  member,  who  was  not  in  the 
assembly-room  when  the  question  was  taken, 
should  come  in,  it  will  then  be  too  late  to 
contradict  the  presiding  officer,  and  have  the 
assembly  divided. 

240.  The  above  is  the  parliamentary  form 
of  taking  a  question,  and  is  in  general  use  in 
this  country  ;  but,  in  some  of  our  legislative 
assemblies,  and  especially  in  those  of  the  New 
England  states,  the  suffrages  are  given 
by  the  members  holding  up  their  right  hands, 
first,  those  in  the  affirmative,  and  then  those 
in  the  negative,  of  the  question.  If  the  pre- 
siding officer  cannot  determine,  by  the  show 

*  The  most  common  expression  is  ;  "  I  doubt  the  vote," 
or.  "  that  vote  is  doubted." 


140  PARIJAMKXTAKY    rKAcTKE. 

of  lian«l<i,  wliicb  s'nlo  has  the  majority,  he  may 
call  upon  the  members  to  vottJ  again,  and  if 
be  is  still  in  (h)ubt,  or  if  his  declaration  is 
questioned,  a  division  takes  place.  When 
the  question  is  taken  in  this  manner,  the  pre- 
siding otlicer  «iire«'ts  the  numbers,  first  on  the 
aftirmative  side,  and  then  on  the  negative,  to 
manifest  their  opinion  by  hoKling  up  the  right 
hand. 

•J41.  Wluii  a  division  of  the  assemblv  takes 
place,  the  prrsiding  ofhcer  sometimes  <lireets 
tlie  members  to  ranixe  tlu-mselves  on  ditferent 
bltles  of  the  ass('nd>ly-room,  and  either  counta 
them  himself,  or  they  are  counted  by  tellers 
aj'poinled  by  him  for  the  pur}>ose,  or  by  moni- 
tors permanently  appointed  for  tljat  and  other 
purposes;  or  the  members  rise  in  their  seats, 
lirst  on  the  alhrmative  and  then  on  the  nega- 
tive, and  (standing  uncovered)  are  counted  in 
the  same  manner.  When  the  members  are 
counted  by  the  presiding  officer,  he  announces 
the  numbei-s  and  declares  the  result.  When 
they  are  counted  by  tellers  or  monitors,  the 
tellers  must  first  agree  among  themselves,  and 
then  the  one  who  has  told  for  the  majority 
reports  the  numbei-s  to  the  presiding  officer, 
who,  thereupon,  declares  the  result. 


YEAS    AND    NAYS.  141 

242.  The  best  mode  of  dividing  an  assembly, 
that  is  at  all  numerous,  is  for  the  presiding 
officer  to  appoint  tellers  for  each  division 
or  section  of  the  assembly-room,  and  then 
to  require  the  membei'S,  first  those  in  the 
affirmative,  and  then  those  in  the  nega- 
tive, to  rise,  stand  uncovered,  and  be 
counted  ;  this  being  done,  on  each  side,  the 
tellers  of  the  several  divisions  make  their 
returns,  and  the  23residing  officer  declares 
the  result. 

243.  If  the  members  are  equally  divided,  the 
presiding  officer  may,  if  he  pleases,  give  the 
casting  vote  ;  or,  if  he  chooses,  he  may  refrain 
from  voting,  in  which  case,  the  motion  does 
not  prevail,  and  the  decision  is  in  the  neg- 
ative.   [See  §25,  also  page  146,  §  249.   Note^ 

244.  It  is  a  general  rule,  that  every  member, 
who  is  in  the  assembly-room  at  the  time 
when  the  question  is  stated,  has  not  only 
the  right  but  is  bound  to  vote  ;  and,  on  the 
other  hand,  that  no  member  can  vote,  who 
was  not  in  the  room  at  that  time. 

245.  The  only  other  form  of  takinsr  the 
question,  which  requires  to  be  described,  is 
one  in  general  use  in  this  country,  by  meang 
of  which  the  names  of  the  members  votinsf  on 


142  PARLIAMENTARY    rRACTlCK. 

the  one  side  and  on  the  other  are  ascertained 
and  entered  in  the  journal  of  the  assembly. 
This  mode,  whioh  is  peculiar  to  the  legislative 
bodies  of  the  United  States,  is  called  taking 
the  question  by  yeas  an<l  nays.  In  order  to 
take  a  (|uesti()n  in  this  manner,  it  is  stated  on 
both  si<les  at  once,  namely:  .l.v  )n(nn/  as  are 
of  opinion.,  that.,  etc.,  will  when  their  names 
are  calUd^  answer  yes  ;  and.  As  inamj  as  are 
of  a  different  opi/iion  will.,  when  (heir  names 
are  called  answer  no;  the  roll  of  the  assembly 
is  then  called  over  by  the  clerk,  and  each 
member,  as  his  name  is  called,  rises  in  his 
place,  and  answers  yes  or  )io.,  and  the  clerk 
notes  the  answer  as  the  roll  is  called.  When 
the  roll  has  been  gone  through  the  clerk  reads 
over  first  the  names  of  those  who  havf  an- 
swered in  the  afhrmative  and  then  the  names 
of  those  who  have  answered  in  the  negative, 
in  order  that  if  he  has  made  anv  mistake  in 
notini^  the  answer,  or  if  anv  member  lias  made 
a  mistake  in  his  answer,  the  mistake  of 
either  may  be  coixected.  The  names  having 
been  thus  read  over,  and  the  mistakes,  if  any, 
corrected,  the  clerk  counts  the  numbers  on 
each  side,  and  reports  them  to  the  ju-esiding 
otticer,  who  declares  the  result  to  the  assembly. 


YEAS    AND    NAYS.  143 

[By  the  Constitution  of  the  United  States 
one  fifth  of  the  members  of  Congress  may 
compel  the  taking  of  a  question  by  yeas  and 
nays.  In  many  of  the  State  constitutions  the 
number  is  the  same  ;  in  some,  the  power  is 
given  to  three,  in  some  to  two,  and  in  some 
to  one  member.  In  all  deliberative  bodies 
which  have  no  prescribed  rule  on  the  subject, 
the  yeas  and  nays  can  be  ordered  only  by  the 
majority,  ascertained  by  motion,  question 
and  vote.    Vide  Par.  25,  nbte. — Ed.] 

246.  The  following  is  the  mode  practised 
in  the  house  of  representatives  of  Massachu- 
setts, (which  is  by  far  the  most  numerous  of 
all  the  legislative  bodies  in  this  country,)  of 
taking  a  question  by  yeas  and  nays.  The 
names  of  the  members  being  jDrinted  on  a 
sheet,  the  clerk  calls  them  in  their  order  ;  and 
as  each  one  answers,  the  clerk  (responding  to 
the  member,  at  the  same  time)  places  a  figure 
in  pencil,  ex^^ressing  the  number  of  the  an- 
swer, at  the  left  or  right  of  the  name,  accord- 
ing as  the  answer  is  yes  or  no  ;  so  that  the 
last  figure  or  number,  on  each  side,  shows  the 
number  of  the  answers  on  that  side  ;  and  the 
two  last  numbers  or  figures  represent  the  re- 
spective numbers  of  the  affirmatives  and  nega- 


144  PARMAMKNTARY    PRACTICE. 

tiveson  the  division.  Tims,  at  the  left  hand  of 
the  name  of  the  member  who  first  answers  yes, 
the  clerk  places  a  figure  I  ;  at  the  right  hand 
of  the  first  member  who  answers  wo,  he  also 
places  a  figure  1  ;  the  second  member  that 
answers  yes  is  marked  2  ;  and  so  on  to  the 
end  of  the  list ;  the  side  of  the  name,  on  which 
the  figure  is  placed,  denoting  whether  the 
answer  is  yea  or  nOy  ami  the  figure  denoting 
the  number  of  the  answer  on  that  side.  The 
affirmatives  and  neg-atives  are  then  read  sc])- 
arately,  if  necessary,  though  this  is  usually 
omitted,  and.  the  clerk  is  then  prepared,  ])y 
means  of  the  last  figure  on  each  side,  to  give 
the  numbers  to  the  speaker  to  be  announced 
to  the  house.  Tho  names  and  answers  are 
afterwardii  recorded  on  the  journal. 

24T.  In  any  of  the  modes  of  taking  a  ques- 
tion, in  which  it  is  first  put  on  one  side,  and 
then  on  the  other,  it  is  no  full  question,  until 
the  negative  as  well  as  the  affirmative  has 
been  put.  Consequently,  until  the  negative 
has  been  put,  it  is  in  order  for  any  member,  in 
the  same  manner  as  if  the  division  had  not 
commenced,  to  rise  and  speak,  make  motions 
lor  amendment,  or  otherwise,  and  thus  renew 
the  debate  ;  and  this,  whether  such  member 


QUESTIONS    ON   A    DIVISION.  145 

was  in  the  assembly-room  or  not,  when  the 
question  was  put  and  partly  taken.  In  such  a 
case,  the  question  must  be  put  over  again  on 
the  affirmative  as  well  as  the  negative  side ; 
for  the  reason,  that  members  who  were  not  in 
the  assembly-room,  when  the  question  was 
first  put,  may  have  since  come  in,  and  also 
that  some  of  those  who  voted,  may  have  since 
changed  their  minds.  When  a  question  is 
taken  by  yeas  and  nays,  and  the  negative  as 
well  as  the  affirmative  of  the  question  is 
stated,  and  the  voting  on  each  side  begins 
and  proceeds  at  the  same  time,  the  question 
cannot  be  opened  and  the  debate  renewed, 
after  the  voting  has  commenced. 

[A  member  who  asserts  that  he  voted  by 
mistake,  may  change  his  vote  after  the  yeas 
and  nays  are  called.  In  some  legislative  bodies 
however,  members  are  permitted  to  change 
their  votes  even  after  the  business  is  disposed 
of,  provided  such  change  does  not  alter  the 
result. — Thus  they  are  given  the  benefit  of 
the  "  sober  second  thought  "  as  to  which  side 
will  be  popular  with  their  constituents  who 
inspect  the  yeas  and  nays. — Ed.] 

248.  If  any  question  arises,  in  a  point  of 
order,  as,  for  example,  as  to  the  right  or  the 


14'6  PAKLIAMKMAKY    PKAi  TICK. 

duty  of  a  member  to  vote,  during  a  division, 
the  presiding  officer  must  decide  it  perempto- 
rily, subject  to  the  revision  and  correction  of 
the  assembly,  after  the  division  is  over.  In  a 
case  of  this  kind,  there  can  be  no  debate, 
though  the  presiding  officer  may  if  he  pleases 
receive  the  assistance  of  members  with  their 
advice,  which  they  are  to  give  sitting,  in  order 
to  avoid  even  the  a}>pearance  of  a  debate ; 
but  this  can  onlv  be  with  the  leave  of  the 
presiding  officer,  as  otherwise  the  division 
might  be  j)r()l<^nged  to  an  inconvenient  length; 
nor  can  any  (piestion  be  taken,  for  otherwise 
there  might  be  division  upon  division  without 
end. 

249.  When,  from  counting  the  assembly  on 
a  division,  it  appears  that  there  is  not  a  (pio- 
rum  j)resent,  there  is  no  decision  :  but  the  mat- 
ter in  question  continues  in  the  same  state,  in 
which  it  was  before  the  division ;  and,  when 
afterwards  resumed,  whether  on  the  same  or 
on  some  future  day,  it  must  be  taken  up  at 
that  precise  point. 

fit  is  8<:)metimes claimed  that  it  is  tlie  "duty  of  thepresidiii;^? 
officer  to  eive  the  casting:  votf',"  but  this  dei>en(is  on  the  hiw. 
or  the  will  of  the  assembly,  as  expressed  in  the  rules  which  it 
has  adopted  to  regulate  its  procnedinjos.  In  most  assemblies 
the  presi(lintr  <  ifflcer  pives  the  casting  vote  according  to  a  fixed 
rule  or  fustom;  but  it  is  not  his '"  diitv  "  to  do  so  under  ^f»n- 
eral  parliamentary  law.— The  Constitution  of  the  Uuitel 
States  »er;»j7s  the  President  of  the  Senate  to  vote  on  a  tie  only 
— but  cloes  not  command  it.'   See  Jj  'i^i. — Ed.] 


EKCONSIDERATION.  147 


CHAPTER  XIV. 

OF  RECONSIDERATION. 

250.  It  is  a  principle  of  parliamentary  law, 
upon  which  many  of  the  rules  and  proceedings 
previously  stated  are  founded,  that  when  a 
question  has  been  once  put  to  a  deliberative 
assembly,  and  decided,  whether  in  the  affirm- 
ative or  negative,  that  decision  is  the  judgment 
of  the  assemblv,  and  cannot  be  asjain  brousfht 
into  question. 

251.  This  principle  holds  equally,  although 
the  question  proposed  is  not  the  identical 
question  which  has  already  been  decided,  but 
only  its  equivalent ;  as,  for  example,  where 
the  negative  of  one  question  amounts  to  the 
affirmative  of  the  other,  and  leaves  no  other 
alternative,  these  questions  are  the  equiva- 
lents of  one  another,  and  a  decision  of  the  one 
necessarily  concludes  the  other. 

252.  A  common  application  of  the  rule  as 
to  equivalent  questions  occurs  in  the  case 
of  an  amendment  proposed  by  striking  out 
words;  in  which  it  is  the  invariable  practice  to 


148  PARLIAMEXTAKV    PKACTICE. 

consider  the  negative  of  striking  out  as  equiv- 
alent to  the  iifhrniative  of  agreeing  ;  so  that  to 
put  a  question  on  agreeing,  after  a  question 
on  striking  out  is  negatived,  would  be,  in 
effect,  to  put  the  same  question  twice  over. 

253.  The  princi])le  above  stated  does  not 
apply  so  as  to  prevent  putting  the  same  ques- 
tion in  the  different  stages  of  any  j)roceeding, 
as,  fur  exam})lc,  in  legislative  bodies,  the 
different  stages  of  a  bill  ;  so,  in  considering 
reports  of  committees,  questions  already  taken 
and  decided,  before  the  subject  was  referred, 
may  l)e  again  proposed  ;  and,  in  like  manner, 
orders  of  the  assemblv,  and  instructions  or 
references  to  committees,  may  be  discharged 
or  rescinded. 

254.  The  inconvenience  of  this  rule,  which 
is  still  maintained  in  all  its  strictness  in  the 
British  j)arliament  (though  divers  expedients 
arc  there  resorted  to[as  an  explanatory  or 
amending  act]  to  counteract  or  evade  it),  has 
led  to  the  introduction  into  the  parliamentary 
practice  of  this  country  of  the  motion  for  re- 
consideration  ;  [which  is  not  known  in  England] 
which,  while  it  recognizes  and  upholds  the 
rule  in  all  its  ancient  strictness,  yet  allows  a 
deliberative  assembly,  for  sufficient  reasons,  to 


RECONSIDERATION.  149 

relieve  itself  from  the  embarrassment  and  in- 
convenience, which  would  occasionally  result 
from  a  strict  enforcement  of  the  rule  in  a 
particular  case. 

255.  It  has  now  come  to  be  a  common 
practice  in  all  our  deliberative  assemblies,  and 
may  consequently  be  considered  as  a  principle 
of  the  common  parliamentary  law  of  this 
country,  to  reconsider  a  vote  already  passed, 
whether  affirmatively  or  negatively. 

256.  For  this  purpose,  a  motion  is  made 
and  seconded,  in  the  usual  manner,  that  such 
a  vote  be  reconsidered  ;  and,  if  this  motion 
prevails,  the  matter  stands  before  the  assem- 
bly in  precisely  the  same  state  and  condition, 
and  the  same  questions  are  to  be  put  in  re- 
lation to  it,  as  if  the  vote  reconsidered  had 
never  been  passed.  Thus,  if  an  amendment 
by  inserting  words  is  moved  and  rejected,  the 
same  amendment  cannot  be  moved  again  ; 
but,  the  assembly  may  reconsider  the  vote  by 
which  it  was  rejected,  and  then  the  question 
will  recur  on  the  amendment,  precisely  as  if 
the  former  vote  had  never  been  passed. 

257.  It  is  usual  in  legislative  bodies,  to 
regulate  by  a  special  rule  the  time,  manner, 
and  by  whom,  a  motion  to  reconsider  may  be 


150  PARLIAMENTARY    rUArTlCE. 

ma<le;  tliiis,  for  exaniplc,  that  it  shall  be  made 

ooly  on  the  same  or  a  succeetling  day, — hy  a 

member  who   voted    with    the    ninjority, — or 

at  :i  time   wlien   there  are  as  many  members 

present  as  there    were    when  the    vote    was 

passed  ;  btit,  wliere  there  is  no  special  rule  on 

the    subject,   a  motion  to  reconsicler  must  be 

considered    in    the  same    litrht  as  aiiv  otlu-r 

'nu)tion,  an<l  as  subject  to  no  other  rules. 

[^Thc  member  who  makes  llie motion,  whelli' 
or  there  is  a  special  rule  on  the  subject  or  not, 
must  belon*j  to  the  majority,  or  to  the  dom- 
inant ]»artv  in  a  Itixislative  body  ;  it  cannot  be 
made  bv  one  in  tlie  minoritv,  especially  wliere 
tlie  majority  in  favor  of  the  ))rc/position  is 
manifestly  immovable.  All  rules,  special  or 
jreneral,  should  tend  to  discourai^e  a  wnste  of 
time. — In  the  Seuatp  of  the  United  States 
there  was  in  force,  until  lately,  a  rule  whicli 
prevente<l  <lebr;te  on  the  motion  to  reconsider; 
out  on  June  21st,  l^^^'i,  2Mr.  Edmunds's  resolu- 
tion to  amen<l  the  rules  so  as  to  admit  of  de- 
bate on  amotion  to  reconsider  was  passed,  and 
'he  rules  weic  amende<l  accord intjly.  The 
rule,  as  thus  umende<l,  is  in  accordance  with 
eood  j>arliainentary  law;  f<»r  when  the  motion 
for  reconsideration  is  made,  and  again  when 
it  prevails,  the  motion  being  a  new  one,  neces- 
sarily brings  uj)  for  discussion  the  merits  of 
the  original  question. — Kd.l 


COMMITTEES.  151 


CHAPTER    XV. 

OF  COMMITTEES. 
Sect.  I     Their  Nature  axd  Fuxctioxs. 

258.  It  is  usual  in  all  deliberative  assera 
blies,  to  take  the  jDreliminary  (sometimes, 
also,  the  intermediate)  measures,  and  to  -pre- 
pare matters  to  be  acted  upon,  in  the  as- 
sembly, by  means  of  committees,  composed 
either  of  members  specially  selected  for  the 
particular  occasion,  or  appointed  beforehand 
tor  all  matters  of  the  same  nature. 

259.  Committees  of  the  firsi  kind  are 
usually  called  select,  the  others  standing^ 
though  the  former  appellation  belongs  with 
equal  propriety  to  both,  in  order  to  distinguish 
them  from  another  form  of  committee,  con- 
stituted either  for  a  j^articular  occasion,  or  for 
all  cases  of  a  certain  kind,  which  is  composed 
of  all  the  members  of  the  assembly,  and  there, 
fore  denominated  a  committee  of  the  whole* 

260.  The  advantages  of  proceeding  in  this 
mode  are  manifold.  It  enables  a  deliberative 
assembly  to  do  many  things,  which,  from  its 


Ib'Z  TARLIAMENTARY    PRACTICE. 

numljers,  it  would  otherwise  be  unable  to  do; 
— to  accom}»lish  a  much  greater  quantity  of 
business,  by  dividing  it  among  the  members, 
than  could  possibly  be  aecomi)lished,  if  the 
whole  body  were  obliged  to  devote  itself  to 
each  particular  subject ; — and  to  act  in  the 
preliminary  and  preparatory  steps,  with  a 
greater  degree  of  freedom,  than  is  compatil)le 
with  the  forms  of  proceeding  usually  observed 
in  full  assembly, 

*261.  Committees  are  appointed  to  consider 
a  particular  subject,  either  at  large  or  under 
special  instructions  :  to  obtain  information  in 
reference  to  a  matter  before  the  assembly, 
either  by  personal  inquiry  and  inspection,  or 
by  the  examination  of  witnesses  ;  and  to 
digest  and  put  into  the  proper  form,  for  the 
ado})tion  of  the  assembly,  all  resolutions,  votes, 
orders,  and  other  papers,  with  which  they 
may  be  charged.  Committees  are  commonly 
said  to  be  the  "  eves  and  ears"  of  the  assem- 
bly  ;  it  is  equally  true,  that,  for  certain  pur- 
poses, they  are  also  its  "  head  and  hands." 

2(j'2.  The  powers  and  functions  of  commit- 
tees depend  chiefly  upon  the  general  authority 
and  particular  instructions  given  them  by  th« 
assembly,  at  the  time  of  their  appointment ; 


APPOINTMENT    OF    COMMITTEES.  153 

but  they  may  also  be,  and  very  often  are, 
further  instructed,  whilst  they  are  in  the  exer- 
cise of  their  functions ;  and,  sometimes,  it 
even  happens,  that  these  additional  instruc- 
tions wholly  change  the  nature  of  a  commit- 
tee, by  charging  it  with  inquiries  quite  differ- 
ent from  those  for  which  it  was  originally 
established. 

Sect.  II.     Their  Appointment. 

263.  In  the  manner  of  appointing  commit- 
tees, there  is  no  difference  between  standing 
and  other  select  committees,  as  to  the  mode 
of  selecting  the  members  to  compose  them ; 
and,  in  reference  to  committees  of  the  whole, 
as  there  is  no  selection  of  members,  they  are 
appointed  simply  by  the  order  of  the  assem- 
bly. 

264.  In  the  appointment  of  select  commit- 
tees, the  first  thing  to  be  done  is  to  fix  upon 
the  number.  This  is  usually  effected  in  the 
same  manner  that  blanks  are  filled,  namely, 
by  members  proposing,  without  the  formality 
of  a  motion,  such  numbers  as  they  please 
which  are  then  separately  put  to  the  question, 
beginning  with  the  largest  and  going  regularly 


154  PARLIAMENTARY    PRACTICE. 

through  to  the  smallest,    until  the  assembly 
comes  to  a  vote. 

265.  The  number  being  settled,  there  are 
three  modes  of  selecting  the  members,  to  wit, 
by  the  appointment  of  the  presiding  officer, — 
by  ballot, — and  by  nomination  and  vote  of 
the  assembly  ;  the  first,  sometimes  in  vu'tue 
of  a  standing  rule,  sometimes  in  pursuance  of 
a  vote  of  the  assembly  in  a  particular  case  ; 
the  second  always  in  pursuance  of  a  vote  ; 
the  last  is  the  usual  course  where  no  vote  is 
taken. 

26G.  In  deliberative  assemblies,  whose  sit- 
tings ai'e  of  considerable  length,  as  legislative 
bodies,  it  is  usual  to  provide  by  a  standing 
rule,  that,  unless  otherwise  ordered  in  a  par- 
ticular* case,  all  committees  shall  be  named  by 
the  presiding  officer.  Where  this  is  the  case, 
whenever  a  committee  is  ordered,  and  the 
number  settled,  the  presiding  officer  at,  once 
names  the  members  to  compose  it.  Some- 
times, also,  the  rule  fixes  the  number,  of  which, 
unless  otherwise  ordered,  committees  shall 
consist.  This  mode  of  appointing  a  committee 
is  frequently  resorted  to,  where  there  is  no 
rule  on  the  subject. 

267.     When  a  committee   is   ordered  to  be 


APPOINTMENT    OF    COMMITTEES.  155 

appointed  by  ballot,  the  members  are  chosen 
by  the  assembly,  either  singly  or  all  together, 
as  may  be  ordered,  in  the  same  manner  that 
other  elections  are  made  ;  and,  in  such  elec- 
tions, as  in  other  cases  of  the  election  of  the 
officers  of  the  assembly,  a  majority  of  all  the 
votes  given  in  is  necessary  to  a  choice. 

268.  When  a  committee  is  directed  to  be 
appointed  by  nomination  and  vote,  the  names 
of  the  members  proposed  are  put  to  the  ques- 
tion singly,  and  approved  or  rejected  by  the 
assembly,  by  a  vote  taken  in  the  usual  manner. 
If  the  nomination  is  directed  to  be  made  by 
the  presiding  officer,  he  may  propose  the 
names  in  the  same  manner,  or  all  at  once  ;  the 
former  mode  being  the  most  direct  and  simple  ; 
the  latter  enabling  the  assembly  to  vote  more 
understandingly  upon  the  several  names  pro- 
posed. When  the  nomination  is  directed  to 
be  made  at  large,  the  presiding  officer  calls 
upon  the  assembly  to  nominate,  and  names 
being  mentioned  accordingly,  he  puts  to  vote 
the  first  name  he  hears. 

269.  It  is  also  a  compendious  mode  of  ap. 
pointing  a  committee,  to  revive  one  which  has 
already  discharged  itself  by  a  report  ;  or  by 
charging  a  committee  appointed  for  one  pur- 


156  TARLIAMEXTARY    TRACTICE. 

pose  with  some  additional  duty,  of  the  same 
or  a  different  character. 

270.  In  regard  to  the  appointment  of  com- 
mittees, so  far  as  the  selection  of  the  members 
is  concerned,  it  is  a  general  rule  in  legislative 
bodies,  when  a  bill  is  to  be  referred,  that  none 
who  speak  directly  against  the  body  of  it  are 
to  be  of  the  committee,  for  the  reason,  that  he 
who  would  totally  destroy  will  not  amend ; 
but,  that,  for  the  opposite  reason,  those  who 
only  take  exceptions  to  some  particulars  in  the 
bill  are  to  be  of  the  committee.  This  rule 
supposes  the  purpose  of  the  commitment  to 
be,  not  the  consideration  of  the  general  merits 
of  the  bill,  but  the  amendment  of  it  in  its  par- 
ticular provisions,  so  as  to  make  it  acceptable 
to  the  assembly. 

271.  This  rule,  of  course,  is  only  for  the 
guidance  of  the  presiding  officer,  and  the 
members,  in  the  exercise  of  their  discretion; 
as  the  assembly  may  refuse  to  excuse  from 
serving,  or  may  itself  appoint,  on  a  committee, 
persons  who  are  opposed  to  the  subject  refer- 
red. It  is  customary,  however,  in  all  deliber- 
ative assemblies,  to  constitute  a  committee 
of  such  persons,  (the  mover  and  seconder 
of  a  measure  being  of  course  appointed,)  a 


I 


PROCEEDIXGS  OF  COMMITTEES.     157 

majority  of  whom,  at  least,  are  favorably  in- 
clined to  the  measure  proposed.  [Practically 
the  majority  is  taken  from  the  political  party 
dominant  in  the  assembly,  because  a  partisan 
measure  is  expected  and  desired. — .Ed.] 

272.  When  a  committee  has  been  appointed, 
in  reference  to  a  particular  subject,  it  is  the 
duty  of  the  secretary  of  the  assembly  to  make 
out  a  list  of  the  members,  together  with  a 
certified  copy  of  the  authority  or  instructions 
under  which  they  are  to  act,  and  to  give  the 
papers  to  the  member  first  named  on  the  list 
of  the  committee,  if  convenient,  but,  other- 
wise, to  any  other  member  of  the  committee. 

Sect.    III.     Their    Organization     and 
Manner  of  Proceeding. 

273.  The  person  first  named  on  a  committee 
acts  as  its  chairman,  or  presiding  officer,  so  far 
as  relates  to  the  preliminary  steps  to  be  taken, 
and  is  usually  permitted  to  do  so,  through  the 
whole  proceedings ;  but  this  is  a  matter  of 
courtesy  ;  every  committee  having  a  right  ta 
elect  its  own  chairman,  who  presides  over  it, 
and  makes  the  report  of  its  proceedings  to  the 
assembly. 

274.  A   committee   is  properly  to  receive 


158  PARLIAMENTARY    PRACTICE. 

directions  from  the  assembly,  as  to  the  time 
and  place  of  its  meeting,  and  cannot  regularly 
sit  at  any  other  time  or  place;  and  it  may  be 
ordered  to  sit  immediately,whilst  the  assembly 
is  sitting,  and  make  its  report  forthwith. 

275.  When  no  directions  are  given,  a  com- 
mittee may  select  its  own  time  and  j)lace  of 
meeting;  l>ut,  without  a  special  order  to  that 
effect,  it  is  not  at  liberty  to  sit  whilst  tho 
assembly  sits;  and,  if  a  committee  is  sitting, 
when  the  assembly  comes  to  order  after  an 
adjournment,  it  is  the  duty  of  the  chairman  to 
rise,  instantly,  on  being  ccrtitied  of  it,  and, 
with  the  other  members,  to  attend  the  service 
of  the  asscmblv. 

276.  In  regard  to  its  forms  of  proceeding,  a 
committee  is  essentially  a  miniature  assembly  ; 
— it  can  only  act  when  regularly  assembled 
together,  as  a  committee,  and  not  by  separate 
consultation  and  consent  of  the  members ; 
nothini;  beins:  the  asrreement  or  rei^ort  ot  a 
committee,  but  what  is  agretd  to  in  that 
manner ; — a  vote  taken  in  committee  is  as 
binding  as  a  vote  of  the  assembly  ; — a  majority 
of  the  members  is  necessarv  to  constitute  a 
quorum  for  business,  unless  a  larger  or  smaller 
number  has  been  fixed  by  the  assembly  itself; 


PROCEEDINGS    OF    COMMITTEES.  159 

-^and  a  committee  has  full  power  over  what- 
ever may  be  committed  to  it,  except  that  it  is 
not  at  liberty  to  change  the  title  or  subject. 

277.  A  committee,  which  is  under  no  direc- 
tions as  to  the  time  and  place  of  meeting,  may- 
meet  when  and  where  it  pleases,  and  adjourn 
itself  from  day  to  day,  or  otherwise,  until  it 
has  orone  through  with  the  business  committed 
to  it  ;  but,  if  it  is  ordered  to  meet  at  a  par- 
ti^iular  time,  and  it  fails  of  doing  so,  for  any 
cause,  the  committee  is  closed,  and  cannot 
act  without  being  newly  directed  to  sit. 

278.  Disorderly  words  spoken  in  a  commit- 
tee must  be  written  down  in  the  same  manner 
as  in  the  assembly ;  but  the  committee,  as 
such,  can  do  nothing  more  than  rej^ort  them 
to  the  assembly  for  its  animadversion  ;  neither 
can  a  committee  punish  disorderly  conduct 
of  any  other  kind,  but  must  report  it  to  the 
assembly. 

279.  When  any  paper  is  before  a  committee 
whether  select  or  of  the  whole,  it  mav  either, 
have  originated  with  the  committee,  or  have 
been  referred  to  them  ;  and,  in  either  case, 
when  the  paper  comes  to  be  considered,  the 
course  is  for  it  to  be  first  read  entirely  through^ 
by  the  clerk  of  the  committee,  if  there  is  oue. 


160  PARLIAMENTARY    PRACTICE. 

Otherwise  by  the  chairraan  ;  and  then  t  be 
read  thi-ough  again  by  paragraphs  by  the 
chairman,  pausing  at  the  end  of  each  paragraj)h, 
and  putting  questions  for  amending,  either  by 
striking  out  or  inserting,  if  j)roposed.  This  is 
the  natural  order  of  proceeding  in  considering 
and  amending  any  paper,  and  is  to  be  strictly 
adhered  to  in  the  assembly  ;  but  the  same 
strictness  does  not  seem  necessary  in  a  com- 
mittee. 

280.  If  the  })aper  before  a  committee  is 
one  Avhich  lias  originated  with  the  committee, 
questions  are  put  on  amendments  proposed, 
but  not  on  agreeing  to  the  several  paragraphs 
of  which  it  is  composed,  separately,  as  they 
are  gone  through  with  ;  this  being  reserved 
for  the  close,  when  a  question  is  to  be  put  on 
the  whole,  for  agreeing  to  the  paper,  as  amend- 
ed, or  unamended. 

281.  If  the  paper  be  one,  which  has  been 
referred  to  the  committee,  they  proceed  as  in 
the  other  case  to  put  questions  of  amendment, 
if  proposed,  but  no  final  question  on  the 
whole  ;  because  all  the  j)arts  of  the  paper,  hav- 
ing been  passed  upon  if  not  adopted  by  the 
assembly  as  the  basis  of  its  action,  stand,  of 
course,  unless  altered  or  struck  out  by  a  vote 


PROCEEDINGS    OF    COMMITTEES.  161 

of  the  assembly.  And  even  if  the  committee 
are  opposed  to  the  whole  paper,  and  are  of 
opinion,  that  it  cannot  be  made  good  by 
amendments,  they  have  no  authority  to  reject 
it ;  they  must  report  it  back  to  the  assembly, 
without  amendments,  (specially  stating  their 
objections,  if  they  think  proper,)  and  there 
make  their  opposition  as  individual  members.* 

282.  In  the  case  of  a  paper  originating 
with  a  committee,  they  may  erase  or  interline 
it  as  much  as  they  please  ;  though,  when  final- 
ly agreed  to,  it  ought  to  be  reported  in  a  clear 
draft,  fairly  written,  without  erasure  or  inter- 
lineation. 

283.  But,  in  the  case  of  a  paper  referred  to 
a  committee,  they  are  not  at  liberty  to  erase, 
interline,  blot,  disfigure,  or  tear  it,  in  any 
manner;  but  they  must,  in  a  separate  paper, 
set  down  the  amendments  they  have  agreed 
to  report,  stating  the  words  which  are  to  be 
inserted  or  omitted,  and  the  places  where  the 
amendments  are  to  be  made,  by  references  to 
the  paragraph  or  section,  line,  and  word. 

284.  If  the  amendments  agreed  to  are  very 

*  This  rule  is  not  applicable,  of  course,  to  those  cases  in 
which  the  subject,  as  well  as  the  form  or  details  of  a 
paper,  is  referred  to  the  committee. 
P.  M. — 6 


162  PARLIAMENTARY    PRACTICE. 

numerous  and  minute,  the  committee  may  re- 
port them  altogether,  in  the  form  of  a  new  and 
amended  draft. 

285.  When  a  committee  has  gone  through 
the  paper,  or  agreed  upon  a  report  on  the  sub- 
ject, which  has  been  referred  so  them,  it  is 
then  moved  by  some  member,  and  tliereupon 
voted,  that  tlie  committee  rise,  and  that  the 
chairman,  or  some  other  member,  make  their 
re])ort  to  the  assembly. 

Sect.  IV      Thkih  Report. 

286.  When  the  report  of  a  committee  is  to 
be  made,  the  chairman,  or  member  appointed 
to  make  the  report,  standing  in  his  place,  in- 
forms the  assembly,  that  the  committee,  to 
whom  was  referred  such  a  subject  or  )>flper, 
have,  according  to  order,  had  the  same  under 
consideration,  and  have  directed  him  to  make 
a  report  thereon,  or  to  report  the  same  with ' 
sundry  amendments,  or  without  amendment, 
as  the  case  may  be,  which  he  is  ready  to  do, 
when  the  assembly  shall  please ;  and  he  or  any 
any  other  member  may  then  move  that  the 
report  be  now  received.  On  this  motion  be- 
ing made,  the  question  is  put  whether  the  as- 


REPORT    OF    COMMITTEE.  163 

sembly  will  receive  the  report  at  that  time; 
and  a  vote  passes,  accordingly,  either  to  receive 
it  then,  or  fixing  upon  some  future  time  for  its 
reception. 

287.  At  the  time,  when,  by  the  order  of 
the  assembly,  the  report  is  to  be  received,  the 
chairman  reads  it  in  his  place,  and  then  de- 
livers it,  together  with  all  the  papers,  connect- 
ed with  it,  to  the  clerk  at  the  table  ;  where  it 
is  again  read,  and  then  lies  on  the  table,  until 
the  time  assigned,  or  until  it  suits  the  conven- 
ience of  the  assembly,  to  take  it  up  for  con- 
sideration. 

288.  If  the  report  of  the  committee  is  of  a 
paper  with  amendments,  the  chairman  reads 
the  amendments  with  the  coherence  in  the 
paper,  whatever  it  may  be,  and  opens  the  al- 
terations, and  the  reasons  of  the  committee 
for  the  amendments,  until  he  has  gone  through 
the  whole  ;  and,  when  the  report  is  read  at 
the  clerk's  table,  the  amendments  only  are 
read  Avithout  the  coherence. 

289.  In  practice,  however,  the  formality  of 
a  motion  and  vote  on  the  reception  of  a  report 
is  usually  dispensed  with  ;  though,  if  any  ob- 
jection is  made,  or  if  the  presiding  officer  sees 
any  informality  in  the  report,  he  should  decline 


164  PARLIAMENTARY    PRACTICE. 

receiving  it  without  a  motion  and  vote;  and  a 
report,  if  of  any  considerable  lengtli,  is  seldom 
read,  either  by  the  chairman  in  his  place,  or  by 
the  clerk  at  the  table,  until  it  is  taken  up  for 
consideration.  In  legislative  assemblies,  tlie 
printing  of  reports  generally  renders  the  read- 
inir  of  them  unnecessarv. 

290.  The  report  of  a  committee  being  made 
and  received,  the  committ'^e  is  dissolved,  and 
can  act  no  more  without  a  new  power  ;  but 
their  authority  may  be  revived  by  a  vote,  an<l 
the  same  ni.itter  recommitted  to  them.  If  a 
report,  when  olYered  to  the  assembly,  is  not 
received,  the  committee  is  not  tliereby  dis- 
cliarged,  but  may  be  ordered  to  sit  again,  and 
a  time  and  place  appointed  accordingly. 

291.  Wiien  a  subject  or  paper  has  been 
once  committed,  and  a  report  made  upon  it, 
it  may  be  recommitted  either  to  the  same  oi 
a  different  committee ;  and  if  a  report  is  re. 
committed,  before  it  lias  been  agreed  to  b} 
the  assembly,  what  has  heretofore  passed  iij 
the  committee  is  of  no  validity  ;  the  whole 
question  being  again  before  the  committee,  as 
if  nothing  had  passed  there  in  relation  to  it. 

292.  The  report  of  a  committee  may  be 
made  in  three  different  forms,  namely  :   first 


REPORT    OF    COMMITTEE.  165 

it  may  contain  merely  a  statement  of  facts, 
reasoning,  or  opinion,  in  relation  to  the  subject 
of  it,  without  any  specific  conclusion  ;  or, 
second,  a  statement  of  facts,  reasoning,  or 
opinion,  concluding  with  a  resolution,  or  series 
of  resolutions,  or  some  other  specific  proposi- 
tion; or,  thirds  it  may  consist  merely  of  such 
resolutions,  or  propositions,  without  any  intro- 
ductory part. 

293.  The  first  question,  on  a  report,  is,  in 
strictness,  on  receiving  it;  though  in  practice, 
this  question  is  seldom  or  never  made;  the 
consent  of  the  assembly,  especially  in  respect 
to  the  report  of  a  committee  of  the  whole,  be- 
ing generally  presumed,  unless  objection  is 
made.  When  a  report  is  received,  whether 
by  general  consent,  or  upon  a  question  and 
vote,  the  committee  is  discharged,  and  the  re- 
port becomes  the  basis  of  the  future  proceed- 
ings of  the  assembly,  on  the  subject  to  which 
it  relates. 

294.  At  the  time  assigned  for  the  considera- 
tion of  a  report,  it  may  be  treated  and  disposed 
of  precisely  like  any  other  proposition  (59  to 
VV) ;  and  may  be  amended,  in  the  same  man- 
ner (78  to  133),  both  in  the  preliminary  state- 
ment, reasoning,  or  opinion,  if  it  contain  any. 


160  PARLIAMENTARY    PRACTICE. 

and  in  the  resolutions,  or  other  propositions 
with  which  it  concludes;  so  if  it  consist  merely 
of  a  statement,  etc.,  witliout  resolutions,  or  of 
resolutions,  <fec.,  without  any  introductory 
part. 

295.  The  tinal  question  on  a  report,  what- 
ever form  it  mav  have,  is  usually  stated  on  its 
acceptance;  and,  when  accejded,  the  whole 
ro})ort  is  ado2>ted  l»y  the  assembly,  and  be- 
comes the  statement,  reasoning,  opinion,  reso- 
lution, or  other  act,  as  the  case  may  be,  of  the 
assembly ;  the  doings  of  a  committee,  when 
agreed  to,  adojited,  or  acc'e])ted,  becoming  the 
acts  of  the  assembly,  in  the  Bame  manner  as  if 
done  oriij^inallv  l)v  the  assembly  itself,  without 
the  interyention  of  a  committee. 

*296.  It  would  be  better,  however,  and  in 
stricter  accordance  with  j>arliamentary  rules,  to 
state  the  final  question  on  a  rej^ort,  according 
to  the  form  of  it.  If  the  rej)ort  contain  merely 
a  statement  of  facts,  reasoning,  or  opinion,  the 
question  should  be  on  acceptance  ;  if  it  also 
conclude  with  resolutions,  or  other  specific  pro- 
positions, of  any  kind, — the  introductory  part 
being  consequently  merged  in  the  conclusion, 
— the  question  should  be  on  agreeing  to  the 
resolutions,  or  on  adopting  the  order,  or  other 


COMMITTEE    OF    THE    WHOLE.  167 

pi-oposition,  or  on  passing  or  coming  to  the 
vote,  recommended  by  the  committee  ;  and 
the  same  should  be  the  form  of  the  question 
when  the  report  consists  merely  of  resolutions, 
&C.J  without  any  introductory  part. 

Sect.  V.  Committee  of  the  Whole. 

297.  When  a  subject  has  been  ordered  to  be 
referred  to  a  committee  of  the  whole,  the  form 
of  going  from  the  assembly  into  committee, 
is,  for  the  presiding  officer,  at  the  time  ap. 
pointed  for  the  committee  to  sit,  on  motion 
made  and  seconded  for  the  purpose,  to  put 
the  question  that  the  assembly  do  now  resolve 
itself  into  a  committee  of  the  whole,  to  take 
under  consideration  such  a  matter,  naming  it. 
If  this  question  is  determined  in  the  affirma- 
tive, the  result  is  declared  by  the  presiding 
officer,  who,  naming  some  member  to  act  as 
chairman  of  the  committee,  then  leaves  the 
chair,  and  takes  a  seat  elsewhere,  like  any  other 
member ;  and  the  person  appointed  chairman 
seats  himself  (not  in  the  chair  of  the  assembly 
but)  at  the  clerk's  table. 

[It  is  now  generally  otherwise.  Jeffe^^son's 
}fa7mal  agrees  with  Mr.  Cushing's,  that  the 
Chairman  should  take  his  seat  at  the  clerk's 


IGy  PARLIAMENTARY    PRACTICE. 

table,  but  as  a  matter  of  fact,  he  usually  takes 
the  seat  of  the  presiding  officer,  and  the  latter 
is  permitted  to  take  part  in  the  proceedings 
as  though  he  were  a  private  menaber. — Ed.] 

298.  The  chairman  named  by  the  presiding 
officer  is  generally  acquiesced  in  by  the  com- 
mittee; though,  like  all  other  committees,  a 
committee  of  the  whole  have  a  right  to  elect 
a  chairman  for  themselves,  some  member,  by 
general  consent,  putting  the  question. 

299.  The  same  number  of  members  is  nec- 
essary to  constitute  a  <juorum  of  a  committee 
of  the  whole,  as  of  the  assembly;  and  if  the 
members  present  fall  below  a  quorum,  at 
any  time,  in  the  course  of  the  proceedings,  the 
chairman,  on  a  motion  and  question,  rises, — 
the  presiding  officer  thereupon  resumes  the 
chair, — and  the  chairman  informs  the  assem- 
bly (he  can  make  no  other  report)  of  the  cause 
of  the  dissolution  of  the  committee. 

300.  When  the  assembly  is  in  committee 
of  the  whole,  it  is  the  duty  of  the  presiding  of- 
ficer to  remain  in  the  assembly-room,  in  order 
to  be  at  hand  to  resume  the  chair,  in  case  the 
committee  should  be  broken  up  by  some  dis- 
order, or  for  want  of  a  quorum,  or  should  rise, 
either  to  report    progress,  or  to  make  their 


COMMITTEE    OF    THE    WHOLE.  169 

final   report  upon    the   matter   committed  tc 
them. 

301.  The  clerk  of  the  assembly  does  not 
act  as  clerk  of  the  committee  (this  is  the  duty 
of  the  assistant  clerk  in  legislative  bodies),  or 
record  in  his  journal  any  of  the  proceedings  or 
votes  of  the  committee,  but  only  their  report 
as  made  to  the  assembly. 

.^02.  The  proceedings  in  a  committee  of 
the  whole,  though,  in  general,  similar  to  those 
in  the  assembly  itself,  and  in  other  commit* 
tees,  are  yet  different  in  some  respects,  the 
principal  of  which  are  the  following  : — 

303.  First.  The  previous  question  cannot 
be  moved  in  a  committee  of  the  whole.  The 
only  means  of  avoiding  an  improper  discus 
sion  is,  to  move  that  the  committee  rise  ;  and, 
if  it  is  apprehended,  that  the  same  discussion 
will  be  attempted  on  returning  again  into  com- 
mittee, the  assembly  can  discharge  the  com- 
mittee, and  proceed  itself  with  the  business, 
keeping  down  any  improper  discussion  by 
means  of  the  previous  question.* 

*  If  the  object  be  to  stop  debate,  that  can  only  be  ef 
fected,  in  the  same  manner,  unless  there  is  a  special  rule, 
as  to  the  time  of   speaking,  or  to  taking  a  subject  ovAcf 
committee. 


170  PARLIAMENTARY    PRACTICE. 

304.  Second.  A  committee  of  the  whole 
cannot  adjourn,  like  other  committees,  to 
some  other  time  or  place,  for  the  purpose  of 
going  on  with  and  completing  the  considera- 
tion of  the  subject  referred  to  them ;  but  if 
their  business  is  unfinished,  at  the  usual  time 
for  the  assembly  to  adjourn,  or,  for  any  other 
reason,  they  wish  to  j»roceed  no  further  at  a 
particular  time,  the  form  of  proceeding  is,  for 
some  member  to  move  th.it  The  commitlee 
rise, — report  progress, — and  ask  leave  to  sit 
again  ;  and,  if  this  motion  prevails,  the  chair- 
man rises, — the  presiding  officer  resumes  the 
chair  of  tlie  assL'ml)]v, — and  the  chairman  of 
the  committee  informs  him  that  the  commit- 
tee of  the  whole  have,  according  to  order, 
had  under  their  consideration  such  a  matter, 
and  have  made  some  progress  therein*  ;  but^ 
not  having  had  time  to  go  through  with  the 
same,  have  directed  him  to  ask  leave  for  the 
committee  to  sit  again.  The  presiding  officer 
thereupon  puts  a  question  on  giving  the  com- 
mittee leave  to  sit  again,  and  also  on  the  time 
when  the  assembly  will   again  resolve   itself 


•  If  it  is  a  second  time,  the  expression  is,  "some  further 
progress,"  &c. 


COMMITTEE    OF    THE    WHOLE.  171 

into  a  committee.     If  leave  to  sit  again  is  not 
granted,  the  committee  is  of  course  dissolved. 

305.  Third.  In  a  committee  of  the  whole, 
every  member  may  speak  as  often  as  he 
pleases,  provided  he  can  obtain  the  floor; 
whereas  in  the  assembly  itself,  no  member 
can  speak  more  than  once.  [See  m)te^par^ 
215.] 

306.  Fourth.  A  committee  of  the  whole 
cannot  refer  any  matter  to  another  committee ; 
but  other  committees  may  and  do  frequently 
exercise  their  functions,  and  expedite  their 
business  bv  means  of  sub-committees  of  their 
own  members. 

307.  Fifth.  In  a  committee  of  the  whole, 
the  presiding  officer  of  the  assembly  has  a 
right  to  take  a  part  in  the  debate  and  proceed- 
ings, in  the  same  manner  as  any  other  mem- 
ber. 

308.  Sixth.  A  committee  of  the  whole,  like 
a  select  committee,  has  no  authority  to  punish 
a  breach  of  order  whether  of  a  member,  or 
stranger ;  but  can  only  rise  and  report  the 
matter  to  the  assembly,  who  may  proceed  to 
punish  the  offender.  Disorderly  words  must 
be  written  down  in  committee,  in  the  same 
manner  as  in  the  assembly,  and  reported  to 
the  assemblv  for  their  animadversion. 


172  PARLIAMENTARY'    TR  ACTIO  E. 

309.  The  foregoing  are  tlie  priiicii»al  j>oint8 
of  (litleix'iice  between  proceedings  in  the  as- 
sembly ami  in  committees  of  the  whole;  in 
most  other  respects  they  are  precisely  similar. 
It  is  sometimes  said,  that  in  a  committee  of 
the  whole,  it  is  not  necessary  that  a  motion 
should  be  seconded.  Tiiere  is  no  fountlation, 
however,  either  in  reason  or  parliamentary 
usage,  for  this  oj»inion. 

310.  When  a  committee  of  the  whole  have 
gone  through  with  the  matter  referred  la 
them,  a  member  moves  tliat  the  committee 
rise,  an»l  that  the  chairman  (or  some  other 
member)  report  their  j)roceedings  to  the  as- 
sembly ;  which  being  resolved,  llie  chairman 
rises  and  goes  to  liis  jdace, — the  presiding  of- 
ficer resumes  the  chair  of  ihe  assembly, — and 
llie  cliairman  informs  him,  that  the  committee 
have  iTone  throu<'h  with  the  business  referred 
to  them,  and  that  he  is  rea<ly  to  make  their 
report,  when  the  assembly  shall  think  proper 
lo  receive  it.  The  time  for  receiving  the 
report  is  then  agreed  upon ;  and,  at  the  time 
appointed,  it  is  made  and  received  in  the  same 
manner  as  that  of  any  other  committee  (2S*>.) 

311.  It  sometimes  happens,  that  the  formal- 
ity of  a  motion  and  (question  as  to  the  time  of 


CONCLUDING    REMARKS.  173 

receiving  a  report  is  dispensed  with.  If  the 
assembly  are  ready  to  receive  it,  at  the  time, 
they  cry  out,  "now,  now,"  whereupon  the 
chairman  proceeds;  if  not  then  ready,  some 
other  time  is  mentioned,  as  ''  to-morrow,"  or 
"  Monday,"  and  that  time  is  fixed  by  general 
consent.  But,  when  it  is  not  the  general  sense 
of  the  assembly  to  receive  the  report  at  the 
time,  it  is  better  to  agree  upon  and  fix  the 
time  by  a  motion  and  question. 

[The  report  is  merely  tentative  and  advis- 
ory; amendments  maybe  amended  or  rejected, 
and  matters  stricken  out  by  the  committee  of 
the  whole  or  any  other  committee,  may  be  re- 
stored by  the  assembly. — Ed.] 


CONCLUDING  REMARKS. 

312.  In  bringing  this  treatise  to  a  close,  it 
will  not  be  deemed  out  of  place,  to  make  a 
suggestion  or  two  for  the  benefit  of  those 
personSj  who  may  be  called  upon  to  act  as 
presiding  officers,  for  the  first  time. 

313.  One  of  the  most  essential  parts  of  the 
duty  of  a   presiding  officer   is,  to  give   the 


174  PARLIAMENTARY    TRACTICE. 

closest  attention  to  the  proceedings  of  the 
assembly,  and,  especially,  to  what  is  said  by 
every  member  wlio  speaks.  Without  the 
first,  confusion  will  be  almost  certain  to  occur ; 
wasting  the  time,  perliaps  disturbing  the  har- 
mony, of  the  assembly.  Tlie  latter  is  not 
merely  a  decent  manifestation  of  resj)ect  for 
those  who  have  elevated  him  to  an  honorable 
station  ;  but  it  tends  greatly  to  encourage  timid 
or  diffident  members,  and  to  secure  them  a 
patient  and  attentive  hearing ;  and  it  often 
enables  tlie  presiding  officer,  by  a  timely 
interference,  to  check  offensive  language,  in 
Reason,  to  prevent  scenes  of  tumult  and  dis- 
order, such  as  have  sometimes  disgraced  our 
legislative  halls. 

314.  It  should  be  constantly  kept  in  mind 
by  a  })residing  officer,  that,  in  a  deliberative 
assembly,  there  can  regularly  be  but  one 
ehin<j:  done  or  doinij,  at  the  same  time,  "^riiis 
caution  he  will  find  particularly  useful  to  him, 
whenever  a  quarrel  arises  between  two 
members,  in  consequence  of  words  spoken 
in  debate.  In  such  a  case,  he  will  do  well 
to  require  that  the  regular  course  of  proceed- 
ing shall  be  strictly  pursued  ;  and  wuU  take 
caj*e  to  restrain  members  from   interferiup'  in 


CONCLUDING    REMARKS  175 

any  other  manner.     In  general,  the  solemnity 
and    deliberation,   with  which   this  mode    is 
attended,  will   do    much  to   allay   heat   and 
excitement,  and  to  restore  harmony  and  order    ■ 
to  the  assembly. 

315.  A  presiding  officer  will  often  find  him- 
self embarrassed,  by  the  difficulty,  as  well 
as  the  delicacy,  of  deciding  points  of  order, 
or  orivinor  directions  as  to  the  manner  of 
proceeding.  In  such  cases,  it  will  be  useful 
for  him  to  recollect,  that — 

The  great  purpose  of  all  rules  and 
forms,  is  to  subserve  the  will  of  the 
assembly  rather  thxvn  to  restrain  it  ; 
to  facilitate,  and  not  to  obstruct,  the 
■expression  of  their  deliberate  sense. 

Secret  .Sessions. 

[316.  It  is  the  custom  of  th,e  Senate  of  the 
United  States,  though  it  has  no  special  rule 
4*equiring  it,^'  to  hold  secret  sessions,  especially 
in  its  discussions,  confirmations  and  rejections 

*  There  ought  to  be  no  secrets  whatever  iu  this  Govern- 
tnentof  oui-s,  a  iiovernment  of  xhe  peopje.  r,:ere  is  no 
iaw,  or  provision  or  rule,  or  regulation,  wnich  provides  for 
keeping  secrets.  —  Speech  of  Senator  Sherman,  of  Ohio, 
iu  the  Senate,  Jan.  1886. 


176  PAKLIAMENTAIIY    rRACXICE. 

of  executive  aj^pointments.  Both  houses  of 
Congress,  under  the  constitution,  while  re- 
quired to  keep  and  to  publish,  a  journal  of 
their  proceedings,  can  withhold  from  publica- 
tion, **such  parts  as  may  in  their  judgment 
require  secrecy."  It  is  likewise  the  })r.ictlce, 
and  it  is  competent  for  nearly  all  deliberative 
bodies,  to  sit  with  "  closed  doors,'*  an«l  to 
keep  secret  such  portion  of  their  j)roceeding8 
as  they  may  deem  it  inexpedient, — perhaps 
hurtful  to  jiublic  or  private  interests, —  to 
divulge  ;  but  considerations  of  conscience  and 
of  }>ublic  policy  demand  that  this  und(nibted 
right,  and  sometimes  duty,  should  be  exercisec' 
with  discretion.  In  a  country  where  the 
people  are,  at  least,  nominally,  sovereign,  and 
ultimately  control,  shape  or  reverse  the  acts 
of  public  as  well  as  of  private  deliberative  as- 
semblies, every  act,  speech  and  vote  of  their 
representatives  should  be  exposed,  at  once, 
to  the  strong  light  of  popular  intelligence,  for 
censure  or  approval;  and  practically,  this  is 
the  final  result,  however  much  concealment  ' 
may  be  attempted,  or  impunity  from  the  con- 
sequences of  questionable  or  guilty  proceed- 
ings sought  in  secret  deliberations  and  votes 
by  the  members  of  any  representative  body. 


CONCLUDING    REMARKS.  17T 

Though  many  other  deliberative  assemblies, 
besides  the  Senate  of  the  United  States,  on 
certain  critical  or  delicate  occasions,  sit  with 
closed  doors,  and  keep  their  proceedings 
secret,  yet  for  a  great  political  body  to  shroud 
its  acts  in  secrecy  on  questions  of  public  in- 
terest, generally  gives  rise  to  partisan  clamor 
and  to  allegations  of  guilt  or  corruption ; 
therefore  its  doors  should  be  kept  open  when 
publicity,  as  is  generally  the  case,  is  unobjec- 
tionable, and  the  national  well-being  is  n©t 
imperilled  by  making  the  people  partakers  in 
the  deliberations  of  their  representative*. — - 
Ed.] 


INDEX. 


Thfji^m  refer  t»  (he  numbtn  o/ the  />ara^r,tfihf, 

AccEPTAN'CK  bv  the  maker  of  a  motion,  of  an  amend- 
ment !»2.  1)3. 

ADDITION'  of  propositions,  how  effected,  88. 

Adjoiiin.mknt.  without  day,  equivalent  to  a  dissola 
tion,  13H. 
effect  of.  on  business  imder  con«!i(|«'ratif)n,  14(). 
motion   for,   takes  precedence   of  all   other  mo- 
tions, 1:17. 

when  it  may  be  amended,  137. 
form  of,  138,  2(X>. 

A>fEN'DME\T.  purposes  of  motions  for,  00,  78. 

order  of  proceeding:  in,  5>5,  ISU. 

acceptance  nf  hy  mover  of  proposition,  {>2,  03, 

of  amendments   by  striking  out  and.  inserting, 
107,  1<>S. 

of  amendment,   to  be   put  before   the   original 
amendment,  110. 

of  an   amendment   to   an   amendment,   not  al- 
lowed, t»C. 

object   of  such   motion,   how    attained, 
06,  07. 

cannot  be   made  to  what  has  been  a^rreed  to  on 
a  question,  y<,  in»,  100,  101. 


INDEX.  179 

Amendment,    inconsistency  of,    with   one  already 
.  adopted,  102, 
may  show  the  absurdity  of  the  original  object  of 
the  proposition,  132. 

or  may  change  the  object,  128,  129,  133, 
or  may  defeat  the  object,  130,  131. 
Dy  addition,  88. 
by  separation,  89. 
by  transposition,  90. 
by  striking  out,  94,  103  to  112. 
by  inserting  or  adding,  94,  113  to  121. 
by  striking  out  and  inserting,  94,  122  to  127. 
Motion  for,  by  striking  out  and  inserting,  103, 104, 
111,  122. 

may  be  divided,  122. 

may  be  amended,  126. 

manner  of  stating  question  on,  112,  121 

127. 
precedence  of  question  on  123. 
vo  strike  out,  decided  in  tlie  negative,  equivalent 
to  the  affirmative  of  agreeing,  98,  100,  252. 
if  passed  may  not  be  renewed,  103  to  106, 
113  to  116,  119,  124,  125. 
stands  in  the  same  degree  with  the  provious  ques- 
tion, and  indefinite  postponement,  184. 
superseded  by  a  motion  to  postpone  to  a  day  certain, 

or  to  commit,  185. 
may  be  amended,  96,  107,  117,  126,  184. 
effect  of  vote  on,  94  to  127,  187. 
to  be  put  before  the  original  motion,  110,  120. 

&.POLOGY,  42. 

Assembly,  Deijberative,   purposes  of,  how  ef« 
fected,  1. 
how  organized,  2,  3. 
judgment  of,  how  expressed,  IC 

Assembling,  time  of,  to  be  fixed  beforehand,  23* 
place  of,  in  possession  of  assembly,  9. 


180 


INDEX. 


AiTiiEXTiCATiON  of  acts,  itc,  of  ft  deliberative  a»i 
sembly,  27,  32. 

Blanks,  filling  of,  84. 

with  times  or  numbers,  rule  for,  8o, 
86,87. 
See  Precedence. 

Chaikman,  preliminary  election  of,  3, 
See  Preaidinij  Officer. 

Clekk,  5. 

See  liecording  Officer. 

CoMMiTTKES,  ol)jects  and  iuU aiitages  of,  2.">8, 260,  2G1. 

\\ho  to  couipose,  L'.*>s,  l>7u. 

usually  those  favorable  to  the  proposed  meas- 
ure, 271. 

mode  of  ai)pointm»Mit  of,  26.'5,  207,  268,  260. 

when  by  the  presiding  ollicor,  under  a  standing 
rule,  2«)(]. 

how  notified  of  their  appointment,  32.  272, 

when  and  wher*'  t(j  sit,  l'T4,  :i7">,  277. 

selecty  2.50. 

how  appointed,  264  to  260. 

standing,  2')0. 

what  to  be  referred  to,  74. 

instructions  to,  75,  76,  77,  262. 

list  of,  A'c,  given  by  the  clerk  to  the  member  first 
appointed,  272. 

I>erson  first  appointed  on,  acts  as  chairman  by 
courtesy,  273. 

proceed  like  other  assemblies,  276,  270. 

may  proceed  by  sub-committees,  3(K). 

mode  of  proceeding  on  a  paper  which  has  been 
referred  to  them,  270,  281,  28.3. 

mode  of  i)roceeding  on  a  paper  originating  in  thr 
committee,  270,  28f),  282. 

manner  of  closing  session  of,  28.5. 

report  of,  how  2iade,  282,  283,  284,  286,  287.  202. 


INDEX.  181 

Committees,  form  of  report  of,  286,  292. 

mode  of  proceeding  on  report  of,  292,  293,  294, 

295,  296. 
acceptance  of  report  of,  295. 
form  of  stating  questions  on  report  of,  295,  296. 
See  Report. 

Committee  of  the  Whole,  of  whom  composed,  259 

how  constituted,  297. 

what  a  quorum  of  >  299. 

who  presides  over,  297,  298. 

who  is  clerk  of,  301. 

proceedings  of,  similar  to  those  of  the  assembly 
itself,  302,  .309. 

mode  of  proceeding  if  one  session  does  not  com- 
plete the  business,  304. 

who  may  speak  in,  and  how  often,  305. 

cannot  refer  any  matter  to  another  committee,  306. 

Committee    of    the    Whole,  cannot    punish    foi 
breaches  of  order,  308. 
disorderly  words  in,  how  noticed,  308. 
differences  between  and  other  committees,  802  to 

308. 
presiding  officer  of  assembly  to  remain  in  the 
room,  during  the  session  of,  300. 
See  Reports,  Disorderly  Words. 

Commitment,  definition  and  purposes  of,  73. 
when  a  proper  course,  60. 
what  may  be  committed,  75,  76,  77. 
effect  of  a  vote  on  a  motion  for,  183. 
motion  for,  may  be  amended,  181. 

supersedes  a  motion  to  amend,  185. 
is  of  the  same  degree  with  motions  f(X 
the  previous  question  and  postponement, 
182. 
See  Committees. 

Commuxicatioxs  to  the  assembly,  how  made,  44,  46, 

48,  49. 


182  INDEX. 

Consent  of  the  assembly,  in  what  oases,  aiul  how  far,  to 
be  presumed  by  the  presiding  otticer,  '.i.'),  2;{7, 

Contested  Elections,  7. 
JSee  lietunn*. 

Credentials  of  members,  7. 

Debate,  iiropcr  clmracttT  of.  201. 

shoiiKl  be  contincd  to  the  qm-stion,  209. 
usual  mode  of  putting  an  end  to,  220,  221. 
shortening,  222. 
See  Spciikiiiij. 

Decorim,  Breaches  of,  37,  :18,  39,  40,  41,  220,  224. 
how  to  be  noticed,  40. 
remedy  for.  224,  22.").  22»U 

liow  a  menilM'r  is  to  pn»ceed  to  exculpate  himself 
from  a  charge  of.  40. 
See  Disordniij  WnnU,  Onhr. 

Disorderly    Words,   course   of   procee<ling,  when 
spok«'n,  227  to  2;{1. 
to  b«  written  down  by  the  clerk,  as  spoken,  288, 229. 

Disorderly  Words,  members  not  to  l)e  censured  for, 
imless  complain»*d  of  at  the  time.  2;J2. 
spoken  in  a  committiM'  during  its  session.  278. 
in  connnitt<^e  of  the  whole  to  be  written  down, 
and  reported  to  the  assembly,  308. 

Disorderly  Conduct,  9,  37  to  4(),  313. 

Division  of  a  question,  79  to  8:3,  122,  123^ 
effect  of,  so. 

motion  for,  how  made,  80. 
right  to  dt'inaud.  81.  82. 
when  it  may  take  place,  8^3. 
See  Question. 


INDEX.  1>*B 

Elections  and  Returns,  6,  7,  8. 

Expulsion,  42. 

Floor,  how  to  obtain,  46. 

who  has  a  right  to,  47,  203,  504,  205. 

member  in  possession  of,  to  be  interrupted  o>   y 

by  a  call  to  order,  200, 
when  usually  allowed  to  the  mover  of  a  moti    t, 

204. 
when  one  relinquishes,  for  one  piu-pose,  he  d    « 

so  for  all  purposes,  205,  219. 

Forms  of  proceeding,  10,  59,  315. 
See  Order,  Bules. 

INCIDENTAL  Questions,  150  to  165. 
questions  of  order,  151  to  154. 
feading  papers,  155  to  160. 
withdrawal  of  a  motion,  161,  I6?-, 
suspension  of  a  rule,  163,  164. 
amendment  of  amendments,  165. 
See  Question. 

Introduction  of  business,  how  accomplished,  43. 
See  Rules.    ■ 

Journal  of  a  delibei-ative  assembly,  what  and  b  iff 
kept,  32,  33. 

Judgment  of  an  aggregate  body,  how^  evidenced,  .'4, 

Lie  on  the  table,  purpose  of  motion  for,  60,  71, 
72, 
Motion  for,  cannot  be  amended,  170. 
when  to  be  resorted  to,  171. 
effect  of  vote  on,  71,  72,  172,  173. 
takes  precedence  of  all  other  subsidiarj 
motions,  171. 

List  of  members,  6. 


184  INDEX. 

Main  Question-,  63,  64,  135,  213. 

.Majority,  decision  by,  on  questions  and  electloui,  Mb 

Memijeks,  riglits  and  duties  of,  36. 
l»unisluuents  of,  42. 
not  to  ho  jiresent  at  (iebates  on  matters  concern* 

ing  tluMuselves.  41,  l'l'.'j,  L';)0. 
proceetiiuijs  on  quarrels  between,  caution  relating 

to,  314. 

Memhekship,  rigbts  of,  bow  decided,  8. 
'    Modification  A  a  motion  by  tbe  mover,  92- 

MoTioN,  definition  of.  4'),  50,  233. 

to  be  in  writing.  54. 

to  be  secondfld.  5;i  to  55 

bow  seconibil,  55.  * 

wben  in  order,  247. 

subsidiary,  need  not  be  In  writing,  54. 
but  nuist  be  seconded,  55. 

to  supjtn'ss  ;i  projxtsition,  (\2. 

to  be  stated  or  rrad  for  tlie  information  of  any 
member,  57. 

can  be  witlulrawn  only  by  leave,  56,  02,  notf. 

wben  before  tbe  assend)ly,  none  otlier  can  be  re- 
ceived, except  privileged  motions,  5.'5. 

Is  not  before  tbe  assembly,  until  stated   by   its 
presiding  otticer,  108. 

not  in  order  unless  tbe  maker  be  called  to  by  tbe 
presiding  otticer,  200. 

by  one  seated,  or  not  addressing  tlie  cliair,  not  to 
be  received,  200. 

principal   and    subsidiary,  cannot  be    made  to- 
getber,  IIK). 

Naming  a  member,  what,  40,  225. 

.*UMBKR9  prefixed  to  paragraphs  of  a  proposition,  not 
a  part  of  it,  Ul. 


INDEX.  185 

Officers  of  an  assembly,  titles  of,  5. 
who  are,  usually,  26. 
how  appointed,  and  removable,  26. 
a  majority,  necessary  to  elect,  26. 
when  not  members  of  the  assembly,  5. 
pro  tempore,  when  to  be  chosen,  29. 

See  Presiding  Officer,  Becording  Officer, 

Order  of  a  deliberative  assembly,  waat,  13. 

of  business,  188  to  200  .       . 

how  established,  190. 
questions  of,  what,  152. 

how  decided,  154,  248. 
form  of,  on  appeal,  154. 
no  debate  upon,  allowed  during  div/sioa, 
248. 
rules  of,  to  be  enforced  without  delay,  15." 
r^ll  to,  effect  of,  214. 

who  may  make,  151. 
interrupts  the  business  under  considera* 
tion  153. 
Aoe  Disorderly  Conduct,  Disorderly  Words. 

Orders  of  the  Day,  definition  of,  142. 

motion  for,  a  privileged  question  for  the  day,  143 

to  145,  146. 
motion  for,  generally,  supersedes  other  proposi- 
tions, 143,  144. 
being  taken  up,  the  business  interrupted  thereby 

is  suspended,  147. 
fall,  if  not  taken  up  on  the  day  fixed,  149. 
unless  by  special  rule,  149. 

Organization,  necessity  for,  1. 
usual  mode  of,  3. 
on  report  of  a  committee,  4. 

Papers  and  Documents,  in  whose  custodVj  33^ 

■Parliamentary  Law  common,  whai-,  6.  10» 
See  Rules, 


186  INDEX. 

pAHLiAMEyTAfjY  III  r,Ks,  wlionco  (loriveil,  IL 
in  ejich  ,stat«'  liow  formed,  11. 
See  Rules. 

Petitions,   ro(iui.sites  to,  40, 

to  W  otTert'd  by  iiuMiihers,  49,  50. 
mode  of  oflferiiii;,  '>1. 
to  ]>«'  read  l»y  the  el^rk.  if  received.  .12. 
H'giilar  jiiid  usual  aelioii  on  pres»'nliiiL;.  ')l,  ."2- 
contents  of.  to  be  known  by  niemlM»r  present  ing,5u 
•  to  l>e  in  resiR'ctfnl  language,  .50. 

PosTPDXKMKNT,  effect  of  vote  on  motion  for,  180. 
motion  for,  may  l>e  amended,  ]7*5. 
liow  amendrd.  177,  17S. 
sui>«'r.s«Mlt'.s  a  motion  to  amend,  18-'). 
is  not  supersetied  by  a  motion  to  commit 

or  to  annMid,  170. 
is  of  tbe  sam«'  degree  with  a  motion  for 
tlie  previous  question,  170. 
indejinitf,  ]»urpose  of  motion  for,  <>(),  (57. 
effeet  of  vote  on  motion  for,  (57. 
to  a  dm/  cfrUilu,  purpose  of  motion  for,  08,  CO. 
an  improper  use  {»f,  70. 
debate  on  it  not  allowed  in  Congress,  72. 

Power  of  assembly  to  eject  strangers,  0. 

pRKAMBi.E,  or  title,  usually  considered  after  the  papei 
is  gone  through  with,  102. 

Precedence  o/j»o^'o«.s,  171,  174,  179,  182,  180,  197» 
22U. 
of  queMions,  123,  1:34,  1.3.5,  153. 

as  to  reference  to  a  committee,  74. 
on  motions  to  fill  blanks,  8."),  8»i,  w7. 
questions  of  privilege  take  precedence  of  all  u«4> 
tions  but  for  adjournment,  141. 

President,  5. 

See  Prtsidbvj  Officer. 


INDEX.  187 

Presiding  Officer,  duties  of,  27, 30, 40, 225, 313, 314 
to  be  first  heard  on  questions  of  order,  207. 
how  far  member  of  an  assembly,  5. 
not  usually  to  take  part  in  debate,  5,  202. 

but  in  committees  of  the  whole,  307. 
or  on  point  of  order,  154. 
to  give  a  casting  vote,  5,  243. 
effect  of  not  giving  casting  vote,  243. 
may  not  interrupt  one  speaking,  but  to  call  to 

order,  207. 
may  not  decide  upon  inconsistency  of  a  proposed 
amendment  with  one  already  adopted,  102. 

Previous  Question,  motion  for,  purpose  of,  60. 
form  of,  64,  170. 
original  use  of,  63,  64,  65. 
present  use  of,  65,  66,  220. 
use  of  in  England,  66. 
cannot  be  amended,  170. 
effect  of  vote  on,  64,  65,  175. 
effect  of  negative  decision  of,  65. 
cannot  be  made  in  committee  of  the  whole,  303. 
stands  in  same  degree  with  other  subsidiary  mo- 
tions, except  to  lie  on  the  table,  174. 

Privileged  Questions,  186  to  149. 
adjournment,  137,  to  140. 
questions  of  privilege,  141. 
orders  of  the  day,  142  to  149. 
take  precedence  of  all  motions  but  for  adjourn- 

ments,  141. 
when  settled,  business  thereby  interrupted  to  be 

resumed,  141. 

Proceedings,  how  set  in  motion,  43 

Punishment  of  members,  41,  42. 

a  question  of,  pending,  the  member  to  withdraw, 

230. 

Quarrel  between  members,  38,  314 
See  Disorderlu  Words 


15^8  INDEX, 

Question-,  dofinition  of.  233 
forms  of.  in  us«'.  ir>,  iW),  Til. 
when  to  U'  put,  L'.'>.">. 
mode  of  piittinj;.  li.'W. 

on  a  sfiU's  (tf  ]>roiK)sitions.  10.1. 

on  anuMitliaent'*  r«'iM»rt«M|  bv  a  conunlttee,  IM. 
ino<l«'  of  takini:,  'S.'^s.  l.'i<>.  jn.  242.  24.'. 
when  anfl  how  decision  of  inav  be  questlonod,  2^^ 

2;;*.». 

uli  IIm'  nienihers  in  the  room  wli^n  a  question  i<» 

put  are  bound  to  vote  uiH)n  it,  244. 
tnenilxTs    not    in    the    room,    cannot   vote    on, 

244. 
wht'U  taken  by  yea.s  and  nays,  24.'). 
mixle  of  takini;,  in  Massachusetts,  240. 
when  and  l»n\v  to  Ik-  dividetl,  7'.'. 
how  taken  when  divi<h'd.  s<». 
motion  lO  divitle,  may  bo  amenih^l,  SO. 
what  may  Ih>  dividj^l.  s.'{. 
who  may  divid«',  SI,  122. 

usually  repnlati'd  hy  nde,  82. 
Incidental.  detine<l  and  enumenit«'<l,  l.'iO  to  in.'». 
subsidiary.  f)rse<'ondary,  defined  and  eiunn»raK?d, 

l«Ut  to  ITo. 
privileged,  detinol  and  enumerate*!,  l.'ir.. 
iSi.'i'  Inciihntnl  (^m  .stlon.s,  Pririlcjed  (^uestionAf 

i;ubifidi(irt/  i^m  stlnns. 

QioniM.  necessity  for.  IT.  19. 
what  constitutes.  IS. 

»»ffect  of  want  of.  on  pendinfi  question,  240. 
necessary  on  a  division  of  the  assembly,  249. 
want  of  how  asct>rtaino<l,  V,K 
coustHjueuces  of  want  of,  10,  240. 

Rkadino  ok  PArKHs  by  the  clerk,  l.V). 

by  meml)ers  not  allowed,  w  ithout  leave  obtained 

by  motion  and  vote,  I.*)?,  ir»8. 
when  to  Im»  omitted  159. 
when  necessary.  If  called  for.  1").'). 
question  on,  to  Ik*  first  decided,  U*A 


imijex.  J8d 

Reception,  question  of,  on  petition,  51. 

on  report,  286,  233. 

Recommitment,  what,  73,  290,  291. 

Reconsideration,  general  principle  relating  to,  250 
to  253. 
motion  for,  allowed  in  this  countiy,  2-54,  255. 
effect  of,  256. 

usually  regulated  by  rule,  257. 
made  by  the  friends  of  the  proposition  not  by  the 
minority,  note  254,  271. 

Recording  Officer,  duties  of  31,  32,  33,  35. 
how  his  absence  is  to  be  supplied,  34. 
how  elected,  3,  4. 

precedence  of,  if  more  than  one,  5. 
papers  and  documents  to  be  in  his  charge,  33. 

Recurrence  of  Business,  when  interrupted  by  want 
of  quorum,  249. 
by  motion  for  the  previous  question,  66. 

for  indefinite  postponement,  67. 

to  lie  on  the  table,  71,  72.  , 

for  adjournment,  140. 

for  the  orders  of  the  day,  147,  148. 
by  a  question  of  privilege,  141. 

of  order,  153,  230. 
by  a  call  of  a  member  to  order,  200,  214. 

Reports  of  Committees  how  made  and  received, 
286  to  289. 
how  treated  and  disposed  of,  292  to  296. 
of  a  paper  with  amendments,  288. 
action  upon,  194,  195,  292  to  296, 
acceptance  of,  295,  296. 
when  a  new  draft  of  a  paper,  196. 
of  committees  of  the  whole,  310. 
when  to  be  received,  311% 

Reprimand,  42. 

See  Punishment. 


190  INDKX. 

KtsoLrrio.v,  what,  13,  233,  149. 

tiino  for  liivostlq^dng,  7. 

nio<l«»  of  investitjatini;,  7. 

wlio  to  he  on  th<;  investiijafinc:  conimlttoe,  ft. 

\N  ho  to  be  heard  on  a  question  on,  8. 

Roll,  .filing  of,  32,  :l'),  245. 

RCLK<  of  (l(»hatp  and  proceeding,  subjoct  of,  14,  US. 
giMicral  puri»o«io  of,  .']!.'). 

wliat  are  necessarily  adoptod  by  an  assembly,  10, 20 
thf  san»e  In  this  couuiry  and  in  Knu'iand,  11. 
usage  does  not  give  Ihmi  ilie  character  of  general 

laws,  12. 
to  b<^  enforced  without  delay  or  debate,  22,  lOl, 

wlio  may  notice  an  infring^nont  of,  22. 
Bpccialj  each  a=isembly  may  adopt,  10,  20. 

supersede  ordinary  parUamentarj'  ndes, 
I'i. 

nsiially  provide  for  their  own  amend- 
ment, 21. 

may  be  Mispended  on  motion,  21,  103, 
1(U. 

motion  to  suspend,  supercedes  the  original 
question.  1  «'►;{. 

susjxMidtMl  only  bv  general  consent,  21, 

nw. 

usually  provide  for  their  own  suspen- 
sion, KU. 

may  determine  the  ntHnl>er  necessary  to 
express  the  will  of  the  assembly,  2.>. 
See  Heading  o/pajyers,  JSjieakituj, 

Secondary  Qiestioxs,  l(\Ct. 

See  Subsidiary  Questions, 

Seconding  of  motions,  55,  30fll 


INDEX.  193 


Secret AKY,  5. 

See  Becordwj  Officer, 

Secret  Session,   sometimes  necessary,  but  to  be 
avoided  if  possible,  316. 

Separation  of  propositions,  how  effected,  89. 

Speaking,  rules  as  to  manner  of,  203  to  208. 
as  to  matter  in,  209  to  214, 
as  to  times  of,  215  to  219. 
member,  to  stand  uncovered,  203,  208, 
not  to  make  personal  remarks,  211. 
not  to  mention  names  of  members,  206. 
lot  to  reflect  on  the  assembly,  or  on  its 

prior  determinations,  210. 
»,  >nfined  to  the  subject,  200,  213. 
aot  to  be  interrupted,  2?  S>^ 
.0  speak  but  once  on  the  ?^\(^  ou^sstioi^ 

215,  216,  except  by  louv^  2?  7. 
or  to  explain  himself  in  a  int*  vav  o»''tJ«t 

218. 
5see  Debate^  Presiding  Officer, 

Speech,  reading  of,  by  member,  157. 

Sitbsidiary  Questions,  166  to  187. 
nature  and  effect  of,  166. 
enumeration  of,  167. 
cannot  be  applied  to  one  another,  168. 
exceptions  to  this  rule,  169. 
ie  on  the  table,  171,  172,  17:3, 
Amendment,  184  to  187. 
previous  question,  174,  175, 
postponement,  176,  to  180. 
commitment,  181,  182,  183. 

Suspension  of  a  rule  21, 163, 164. 
See  Rules, 


10*2  /M.KX 

Ti:AN<rn'.iTir>N  of  propositions,  how  eflfecteJ,  9u 

VlCK-ritKMliKN  r.  (lutlos  of,  5,  2& 
l>ee  OJlcerg, 

Vt)TK,  what,  13,  2ax 

VoTiso,  rieht  and  duty  of,  41,  244. 
prohibition  from,  42. 

Will  of  an  a»souibly,  majority  nwcssary  to  exprp»» 

wp<'clal  nilo  may  dct^'nnlnc  what  proi>or 
lion  uiiiy  I'Xpn'Hs.  I'o. 

WlTiiDKATVAL  of  a  motlon.  ran  bo  only  by  Ir^avc.  R'l . 
effect  of  vote  ui>on  motion  for  leave  for,  ItJi 

Tkah  and  Xays,  how  takon,  .'K,  24.'i. 
ill  MavyichuHvttB.  *J4*1. 
^^hat  numl>or  of  nn-mlH^rs  may  require,  2\ 
form  of  nuttiuK  question.  24."^. 
rule  of  lijo  senate  of  tlie  Unite<i  StatM,  nH|ulrinf 
each  n^emlM-r  to  vote  without  debate;  enforc*' 
nient  of   this  rule  to  becure  a  quonaa 
note  Jx 


CONSTITUTION  OF  THE  UNITED  STATES. 


PREAMBLE. 

We,  the  People  of  the  United  States,  in 
order  to  form  a  more  perfect  union,  establish 
justice,  insure  domestic  tranquillity,  provide 
for  the  common  defence,  promote  the  general 
welfare,  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  Constitution  for  the  United 
States  of  America. 

ARTICLE    L 

THE    LEGISLATIVE  DEPARTMENT. 

Section  L — All  legislative  powers  herein 
granted  shall  be  vested  in  a  Congress  of  the 
United  States,  which  shall  consist  of  a  Senate 
and  House  of  Representatives. 

Section  IL — i.  The  House  of  Represent- 
atives shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several 
States  ;  and  thd  electors  in  each  State  shall 

193 


194    CONSTITUTION  OF  THK  UNITED  STATES. 

nave  the  qualifications  rcijuisite  for  electors 
of  the  most  nu^^eroiis  branch  of  the  State 
legislature. 

2.  Xo  persoii  snail  be  a  rcpresentatixe  who 
shall  not  have  attained  to  the  age  of  twenty- 
five  years,  and  been  seven  years  a  citizen  of 
the  United  States,  and  who  shall  nt)t.  when 
elected,  be  an  inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

3.  Representatives  and  direct  laxes  shall 
be  apportioned  among  the  several  States 
which  may  be  included  within  this  Union, 
according  to  their  res]>cctive  numbers,  which 
shall  be  determined  by  adding  to  the  whole 
number  of  free  persons,  including  those 
bound  to  service  for  a  term  of  vears,  and 
excluding  Indians  not  taxed,  three  fifths  of 
all  other  persons.  The  actual  enumeration 
shall  be  made  within  three  years  after  the 
first  meeting  of  the  Congress  of  the  United 
States,  and  within  every  subsequent  term 
of  ten  years,  in  such  manner  as  they  shall 
by  law  direct  The  number  of  represent- 
atives shall  not  exceed  one  for  every  thirty 
thousand,  but  each  State  shall  have  at  least 
one  representative  ;  and  until  such  enumer- 
ation shall  be  made,  the  State  of  New  Hamp- 
shire shall  be  entitled  to  choose  three  :  Mas- 
sachusetts, eight :  Rhode  Island  and  Prov- 
idence Plantations,  one  :  Connecticut,  five  ; 
New  York,  six  ;  New  Jersey,  four  :  Pennsyl- 
vania,   eight  :    Delaware,    one  ;    Maryland, 


CONSTITUTION  OF  THE  UNITED  STATES.    '95 

six  ;    Virginia,    ten  ;    North   Carolina,    five  • 
South  Carolina,  five  ;  and  Georgia,  three. 

4.  When  vacancies  happen  in  the  represent* 
ation  from  any  State,  the  executive  authority 
thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

5.  The  House  of  Representatives  shall 
choose  their  Speaker  and  other  ofificers,  and 
shall  have  the  sole  power  of  impeachment 

Section  III. — i.  The  Senate  of  the  United 
States  shall  be  composed  of  two  Senators 
from  each  State,  chosen  by  the  legislature 
thereof  for  six  years  ;  and  each  Senator  shall 
have  one  vote. 

2.  Immediately  after  they  shall  be  assem- 
bled in  consequence  of  the  first  election,  they 
shall  be  diAided  as  equally  as  may  be  into 
three  classes.  The  seats  of  the  Senators  of 
the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year,  of  the  second  class 
at  the  expiration  of  the  fourth  year,  and  of 
tne  third  class  at  the  expiration  of  the  sixth 
year,  so  that  one  third  may  be  chosen  every 
second  year;  and  if  vacancies  happen,  by 
resignation  or  otherwise,  during  the  recess  of 
the  legislature  of  any  State,  the  executive 
thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  legislature, 
which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall 
not  have  attained  to  the  age  of  thirty  years, 
and  been  nine  vears  a  citizen  of  the  United 


196    CONSTITUTION  OF  THE  UNITED  STATES. 

States,  and  who  shall  not,  when  elected,  be 
an  inhabitant  of  that  State  for  which  he  shall 
be  chosen. 

4.  The  Vice-President  of  the  United  States 
shall  be  President  of  the  Senate,  but  shall 
have  no  vote  unless  they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  offi- 
cers, and  also  a  President  pro  tempore  in 
the  absence  of  the  Vice-President,  or  when 
he  shall  exercise  the  office  of  President  of  the 
United  States. 

6.  The  Senate  shall  have  the  sole  power  to 
try  all  impeachments.  When  sitting-  for  that 
purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside  :  and  no 
person  shall  be  convicted  without  the  con- 
currence of  two  thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall 
not  extend  further  than  to  removal  from  of- 
tice,  anddisqualitication  to  hold  andenjoy  any 
office  of  honor,  trust,  or  profit  under  the 
United  States  ;  but  the  party  convicted  shall 
nevertheless  be  liable  and  subject  to  indict- 
ment, trial,  judgment,  and  punishment,  ac- 
cording to  law. 

Sfxtion'  IV.  —  I.  The  times,  places,  and 
manner  of  holding  elections  for  Senators  and 
Representatives  shall  be  prescribed  in  each 
State  by  the  legislature  thereof ;  but  the  Con- 
gress may  at  any  time,  by  law,  make  or 
alter  such  regulations,  except  as  to  the  places 
of  choosing  Senators. 


CONSTITUTION  OF    THE  UNITED  STATES.    197 

2.  The  Congress  shall  assemble  at  least 
once  in  every  year ;  and  such  meeting  shall 
be  on  the  first  IMonday  in  December,  unless 
they  shall  by  law  appoint  a  different  day. 

Section  V. — i.  Each  house  shall  be  the 
judge  of  the  elections,  returns,  and  qualifica- 
tions of  its  own  members,  and  a  majority  of 
each  shall  constitute  a  quorum  to  do  busi- 
ness ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  be  authorized  to 
compel  the  attendanceof  absent  members,  in 
such  manner  and  under  such  penalties  as 
each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of 
its  proceedings,  punish  its  members  for  dis- 
orderly behavior,  and  with  the  concurrence 
of  two  thirds,  expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its 
proceedings,  and  from  time  to  time  publish 
the  same,  excepting  such  parts  as  may  in  their 
judgment  require  secrecy  ;  and  the  yeas  and 
nays  of  the  members  of  either  house  on  any 
question  shall,  at  the  desire  of  one  fifth  of 
those  present,  be  entered  on  the  journal. 

4.  Neither  house,  during  the  session  of 
Congress,  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the 
two  houses  shall  be  sitting. 

Section  VI. — i.  The  Senators  and  Repre- 
sentatives shall  receive  a  compensation  foi 
their  services,  to  be  ascertained  by  law,  and 


198    CONSTITL  TION  OF  THE  UNITED  STATES. 

paid  out  of  the  treasury  of  the  United  States. 
They  shall,  in  all  cases,  except  treason,  felony, 
and  breach  of  the  peace,  be  privileged  from 
arrest  during^  their  attendance  at  the  session 
of  their  respective  houses,  and  in  going  to 
and  returning  from  the  same  ,  and  for  any 
si)ccch  or  debate  in  either  house  they  shad 
(not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall, 
during  the  lime  for  which  he  was  elected, 
be  appointed  to  any  civil  oflice  under  the 
authority  of  the  I'nited  States,  which  shall 
have  been  created, ortheemoluments  where- 
of shall  have  been  increased  during  such 
time;  and  no  person  holding  any  office 
under  the  United  States  shall  be  a  member 
of  either  house  during  his  continuance  in 
office. 

Section  \'II.  —  i.  All  bills  forraising  rev- 
enue shall  originate  in  the  House  of  Rep- 
resentatives ;  but  the  Senate  may  propose 
or  concur  with  amendments,  as  on  other 
bills. 

2.  Every  bill  which  shall  have  passed  the 
House  of  Representatives  and  the  Senate, 
shall,  before  it  become  a  law,  be  presented 
to  the  President  of  the  United  States  ;  if  he 
approve,  he  shall  sign  it  ;  but  if  not,  he  shall 
return  it,  with  his  objections,  to  that  house 
in  which  it  shall  have  originated  ;  who  shall 
enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it      If  after  sucb 


CONSTITUTION  OF  THE  UNITED  STATES.    190 

reconsideration,  two  thirds  of  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  recon- 
sidered ;  and  if  approved  by  two  thirds  of 
that  house,  it  shall  become  a  law.  But  in  all 
such  cases  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  bill 
shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned 
by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented 
to  him.  the  same  shall  be  a  law  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  Con- 
gress by  their  adjournment  prevent  its  re- 
turn, in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution,  or  vote,  to 
which  the  concurrence  of  the  Senate  and 
House  of  Representatives  may  be  necessary 
(except  on  a  question  of  adjournment),  shall 
be  presented  to  the  President  of  the  United 
States;  and  before  the  same  shall  take  effect, 
shall  be  approved  by  him  ;  or  being  disap- 
proved by  him,  shall  be  re-passed  by  two- 
thirds  of  the  Senate  and  House  of  Represent- 
atives, according  to  the  rules  and  limitations 
prescribed  in  the  case  of  a  bill. 

Section  VHI. — The  Congress  shall  have 
power — 

I.  To  lay  and  collect  taxes,  duties,  im- 
posts, and  excises;  to  pay  the  debts  and  pro- 


200    CONSTITUTION  OP  THE  UNITED  STATES. 

vide  for  the  common  defense  and  c^eneral 
welfare  of  the  United  States;  but  ail  duties, 
imposts,  and  excises  shall  be  uniform 
throughout  the   United  States: 

2.  To  borrow  money  on  the  credit  of  the 
United  States: 

3.  To  regulate  commerce  with  foreip^n  na- 
tions, and  among  the  several  States,  and  with 
the  Indian  tribes: 

4.  To  establish  a  uniform  rule  of  natural- 
ization, and  uniform  laws  on  the  subject  of 
bankruptcies  throughout  the  United  States: 

5.  To  coin  money,  regulate  the  value  there- 
of and  of  foreign  coin,  and  to  fix  the  standard 
of  weights  and  measures: 

6.  To  provide  for  the  punishment  of  coun- 
terfeiting the  securities  and  current  coin  of 
the  United  States: 

7.  Toestablish  post-offices  and  post-roads: 

8.  To  promote  the  progress  of  science  and 
useful  arts,  by  securing  for  limited  times,  to 
authors  and  inventors,  the  exclusive  right  to 
their  respective  writings  and  discoveries: 

9.  To  constitute  tribunals  inferior  to  the 
Supreme  Court : 

10.  To  define  and  punish  piracies  and 
felonies  committed  on  the  high  seas,  and 
offences  against  the  law  of  nations: 

1 1 .  To  declare  war.  grant  letters  of  marque 
and  reprisal,  and  make  rules  concerning 
captures  on  land  and  water: 

12.  To  raise  and  support  armies;  but  no 


CONSTITUTION  OF  THE  UNITED  STATES.    201 

appropriation  of  money  to  that  use  shall  be 
for  a  longer  term  than  two  years  : 

13.  To  provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  government  and 
regulation  of  the  land  and  naval  forces  : 

15.  To  provide  for  calling  forth  the  militia 
to  execute  the  laws  of  the  Union,  suppress 
insurrections,  and  repel  invasions  :      ^ 

16.  To  provide  for  organizing,  arming, 
and  disciplining  the  militia,  and  for  govern- 
ing such  parts  of  them  as  may  be  employed 
in  the  service  of  the  United  States  :  reserving 
to  the  States  respectively  the  appointment  of 
the  officers  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed 
by  Congress. 

17.  To  exercise  exclusive  legislation  in  all 
cases  whatsoever,  over  such  district  (not  ex- 
ceeding ten  miles  square)  as  may,  by  ces- 
sion of  particular  States,  and  the  acceptance 
of  Congress,  become  the  seat  of  government 
of  the  United  States  :  and  to  exercise  like 
authority  over  all  places  purchased  by  the 
consent  of  the  legislature  of  the  State  in 
which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings  : — and 

18.  To  make  all  laws  which  shall  be  nec- 
essary and  proper  for  carrying  into  execu- 
tion the  foregoing  powers,  and  all  other  pow- 
ers vested  by  this  Constitution  in  the  govern- 
ment of  the  United  States,  or  in  any  depart- 
ment or  officer  thereof. 


202   CONSTITUTION'  OF  THE  T'NITED  STATES. 

Section-  IX. — i.  The  immis^ration  or  im- 
portation of  such  persons  ns  any  of  the  States 
now  existing  shall  think  pr()|HT  to  achnit. 
shall  not  be  prohibited  by  the  L'oni^ress  prior 
to  the  year  one  thousantl  eii^ht  hmulred  an<l 
ei^ht  :  but  a  tax  or  duty  may  be  imposed  i)n 
such  importation  not  exceeding  ten  d«»llars 
for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  cor- 
pus shall  not  be  suspended,  unless  when,  in 
cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

3.  No  bill  of  attaindc  or  rx  post  /ado  law 
shall  l)e  passetl. 

4.  No  capitation  yn  other  direct  tax  shall  be 
laid,  unless  in  pro|)ortion  to  the  census  or 
enumerati«>n  lifreinbcffirf  dirrctf<l  to  be 
taken. 

5.  No  tax  or  duty  .shall  be  laid  on  articles 
exported  from  an.y  State.  No  preference 
shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  State 
over  those  of  another :  nor  shall  vessels 
]»ound  to  or  from  one  State  be  obliged  to 
enter,  clear,  or  pay  duties  in  another. 

6.  No  money  shall  be  drawn  from  the 
treasury,  but  in  consecjuence  of  appropria- 
tions made  by  law  ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures 
of  all  public  money  shall  be  ])ublished  from 
time  to  time. 

7.  No  title  of  nobility  shall  be  granted  by 
the    United  States  :  antl  no  person  holding" 


CONSTITUTION  OF  THE  UNITED  STATES.    203 

any  office  of  profit  or  trust  under  them,  shall, 
without  the  consent  of  Congress,  accept  of 
any   present,    emolument,    office,   or  title,  of 
any  kind  whatever,   from  any  king,   prince, 
or  foreign  State. 

Section  X, — i.  No  State  shall  enter  into 
any  treaty,  alliance,  or  confederation  ;  grant 
letters  of  marque  and  reprisal  ;  coin  money  ; 
emit  bills  of  credit ;  make  anything  but  gold 
and  silver  coin  a  tender  in  payment  of  debts  ; 
pass  any  bill  of  attainder,  ex  post /ado  law, 
or  law  impairing  the  obligation  of  contracts  ; 
or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of 
Congress,  lay  any  imposts  or  duties  on  im- 
ports or  exports,  except  what  may  be  abso- 
lutely necessary  for  executing  its  inspection 
laws  ;  and  the  net  produce  of  all  duties  and 
imposts  laid  by  any  State  on  imports  or  ex- 
ports, shall  be  for  the  use  of  the  treasury  of 
the  United  States,  and  all  such  laws  shall  be 
subject  to  the  revision  and  control  of  Congress. 

3.  No  State  shall,  without  the  consent  of 
Congress,  lay  any  duty  on  tonnage,  keep 
troops  or  ships  of  war  in  time  of  peace,  enter 
into  any  agreement  or  compact  with  another 
State,  or  with  a  foreign  power,  or  engage  in 
war,  unless  actually  invaded,  or  in  such  im- 
minent danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

THE  EXECUTIVE  DEPARTMENT. 

Section  I. — i.   The  executive  power  shall 


204    CONSTITUTION  <"'F  THK  UNITED  STATES. 

be  vested  in  a  President  of  the  United  States 
of  America,  lie  shall  hold  his  oftice  during 
the  term  of  four  years  ;  and,  together  with 
the  Vice-President,  chosen  for  the  same  term, 
be  elected  as  follows  : 

2.  Kach  State  shall  appoint,  in  such  man- 
ner as  the  lci:;^islature  thereof  may  direct,  a 
number  of  electors  e(]ual  to  the  whole  number 
of  Senators  and  Representatives  to  which  the 
State  may  l>c  entitled  in  C'onj^ress  :  but  no 
Senator  or  Representative,  or  person  holding 
an  office  of  trust  or  profit  under  the  United 
States  shall  be  appointed  an  elector. 

3.  The  electors  shall  meet  in  their  respec- 
tive States,  and  vote  by  ballot  for  two  per- 
sons, of  whom  one  at  least  shall  not  be  an 
inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons 
voted  for,  and  of  the  number  of  votes  for 
each  ;  which  list  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the  govern- 
ment of  the  United  States,  directed  to  the 
President  of  the  Senate.  The  President  of 
tlie  Senate  shall,  in  the  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the 
certiticates,  and  the  votes  shall  then  be 
counted.  The  person  having  the  greatest 
number  of  votes  shall  be  President,  if  such 
number  be  a  majority  of  the  whole  number 
v-)f  electors  appointed ;  and  if  there  be  more 
than  one  who  have  such  a  majority,  and 
have  an  equal  number  of  votes,  then  the 
House  of  Representatives  shall  immediately 


CONSTITUTION  OF  THE  UNITED  STATES.  205 

choose,  by  ballot,  one  of  them  for  President; 
and  if  no  person  have  a  majority,  then,  from 
the  five  highest  m  the  list,  the  said  House 
shall,  in  like  manner,  choose  a  President. 
But  in  choosing  the  President,  the  votes  shall 
be  taken  by  States,  the  representation  from 
each  State  having  one  vote  :  a  quorum  for 
this  purpose  shall  consist  of  a  member  or 
members  from  two  thirds  of  the  States,  and 
a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  In  every  case  after  the  choice 
of  the  President,  the  person  having  the  great- 
est number  of  votes  of  the  electors  shall  be 
Vice-President.  But  if  there  should  remain 
two  or  more  who  have  equal  votes,  the  Sen- 
ate shall  choose  from  them,  by  ballot,  the 
Vice-President. 

4.  The  Congress  may  determine  the  time 
of  choosing  the  electors,  and  the  day  on 
which  they  shall  give  their  votes,  which  day 
shall  be  the  same  throughout  the  United 
States. 

5.  No  person  except  a  natural  born  citizen, 
or  a  citizen  of  the  United  States  at  the  time 
of  the  adoption  of  this  Constitution,  shall  be 
eligible  to  the  office  of  President  :  neither 
shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of 
thirty-five  years,  and  been  fourteen  years  a 
resident  within  the  United  States. 

6.  In  case  of  the  removal  of  the  President 
from  office,  or  of  his  death,  resignation,  or 
inability  to  discharge  the  powers  and  duties  of 


206    CONSTITUTION  OF  THE  UNITED  STATES. 

the  said  office,  the  same  shall  devolve  on  the 
Vice-President ;  and  the  Congress  may,  by 
law,  provide  for  the  case  of  removal,  death, 
resignation,  or  inability,  both  of  the  President 
and  Vice-President,  declaring  what  officer 
shall  then  act  as  President ;  and  such  officer 
shall  act  accordingly  until  the  disability  be 
removed,  or  a  President  shall  be  elected. 

7.  The  President  shall,  at  stated  times, 
receive  for  his  services  a  compensation, 
which  shall  neither  be  increased  nor  dimin- 
ished during  the  period  for  which  he  shall 
have  been  elected  ;  and  he  shall  not  receive 
withm  that  period  any  other  emolument  from 
the  United  States,  or  any  of  them. 

8.  Before  he  enters  on  the  execution  of  his 
office,  he  shall  take  the  following  oath  or 
affirmation  : 

"I  do  solemnly  swear  (or  affirm)  that  I 
will  faithfully  execute  the  office  of  President 
of  the  United  States  ;  and  will,  to  the  best  of 
my  ability,  preserve,  protect,  and  defend  the 
Constitution  of  the  United  States." 

Section  II — i.  The  President  shall  be  Com- 
mander-in-chief of  the  army  and  navy  of  the 
United  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of 
the  United  States.  He  may  require  the  opin- 
ion, in  writing,  of  the  principal  officer  in 
each  of  the  executive  departments,  upon  any 
subject  relating  to  the  duties  of  their  respec- 
tive offices  ;  and  he  shall  have  power  to 
grant    reprieves    and    pardons    for    offenses 


CONSTITUTIOX  OF  THE  UNITED  STATES.    207 

against  the  United  States,  except  in  cases  of 
impeachment. 

2.  He  shall  have  power,  by  and  with  the 
advice  and  consent  of  the  Senate,  to  make 
treaties,  provided  two  thirds  of  the  Senators 
present  concur  ;  and  he  shall  nominate,  and, 
by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  ambassadors  and  other 
public  ministers  and  consuls,  judges  of  the 
Supreme  Court,  and  all  other  officers  of  the 
United  States  whose  appointments  are  not 
herein  otherwise  provided  for,  and  which 
shall  be  established  by  law.  But  the  Con- 
gress may,  by  law,  vest  the  appointment  of 
such  inferior  officers  as  they  think  proper,  in 
the  President  alone,  in  the  courts  of  law,  or 
in  the  heads  of  departments. 

3.  The  President  shall  have  power  to  hll 
up  all  vacancies  that  may  happen  during  the 
recess  of  the  Senate,  by  granting  commis- 
sions, which  shall  expire  at  the  end  of  their 
next  session. 

Section  III. — i.  He  shall,  from  time  to 
time,  give  to  Congress  information  of  the 
state  of  the  Union,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge 
necessary  and  expedient.  He  may,  on  ex- 
traordinary occasions,  convene  both  houses, 
or  either  of  them  ;  and  in  case  of  disagree- 
ment between  them,  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to 
such  time  as  he  shall  think  proper.  He  shall 
receive  ambassadors  and  other  public  min- 


208    CONSTITUTION  OF  THK  UNITED  STATES. 

isters.  He  shall  take  care  that  the  laws  be 
faithfully  executed  ;  and  shall  commission 
all  othcers  of  the  United  States. 

Sfxtion  IV. — The  President,  Vice-President, 
and  all  civil  officers  of  the  United  States,  shall 
be  removed  from  oftice  on  impeachment  for, 
and  conviction  of,  treason,  bribery,  or  other 
high  crimes  an<l  misdemeanors. 

AR'nCLK   III. 

THK    JUDICIAL    DKrAKTMKXT. 

SKCTinr^-  1. — The  judicial  jiower  of  tlie 
United  States  shall  be  vested  in  one  Supreme 
Court,  and  in  such  inferior  courts  as  Congress 
may,  from  time  to  time,  ordain  ami  establish. 
The  judges,  both  of  the  suj)reme  and  inferior 
courts,  shall  hold  their  ofiices  during  good 
behavior  ;  and  shall,  at  stated  times,  receive 
for  their  services  a  compensation,  which 
shall  not  be  diminished  during  their  contin- 
uance in  ofhce. 

Section  II.  —  i.  The  judicial  pcnver  shall 
extend  to  all  cases  in  law  and  equity  arising 
under  this  Constitution,  the  laws  of  the  United 
States,  and  treaties  made  or  Avhich  shall  be 
made,  under  their  authority  ;  to  all  cases 
atfecting  ambassadors,  other  ]Hil)lic  min- 
isters, and  consuls  ;  to  all  cases  of  admir- 
alty and  maritime  jurisdiction  ;  to  contro- 
versies to  which  the  United  States  shall  be  a 
party  ;  to  controversies  between  two  or 
more  States ;  between  a  State  and  citizens  of 


CONSTITUTION  OF  THE  UNITED  STATES.    209 

another  State  ;  between  citizens  of  different 
States  ;  between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States  ; 
and  between  a  State,  or  the  citizens  thereof, 
and  foreign  states,  citizens,  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other 
public  ministers,  and  consuls,  and  those  in 
which  a  State  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In  all 
the  other  cases  before  mentioned,  the  Supreme 
Court  shall  have  appellate  jurisdiction,  both 
as  to  law  and  fact,  with  such  exceptions  and 
under  such  regulations  as  Congress  shall 
make. 

3.  The  trial  of  all  crimes,  except  in  cases  of 
impeachment,  shall  be  by  jury,  and  such  trial 
shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed  ;  but  when 
not  committed  within  any  State,  the  trial  shall 
be  at  such  place  or  places  as  Congress  may 
by  law  have  directed. 

Section  III. — i.  Treason  against  the 
United  States  shall  consist  only  in  levying 
war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  No 
person  shall  be  convicted  of  treason,  unless 
on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court 

2.  Congress  shall  have  power  to  declare 
the  punishment  of  treason  ;  but  no  attainder 
of  treason  shall  work  corruption  of  blood,  or 
forfeiture,  except  during  the  life  of  the  person 
attainted. 


210    CONSTITUTION  OF  Till:  UNITED  STATES. 

ARTICLE  IV. 

MISCELLANEOUS  PROVISIONS. 

Section  I. — Full  faith  and  credit  shall  he 
i^^iven  in  each  State  to  the  public  acts,  records, 
and  judicial  proceedings  of  every  other  State; 
andCongress  may,  by  general  laws,  prescribe 
the  manner  in  which  such  acts,  records,  and 
proceedings  shall  be  })roved,  and  the  effect 
thereof 

Skction  II.—  I.  The  citizens  of  each  State 
shall  be  entitled  to  all  the  privileges  and  im- 
munities of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  trea- 
son, felony,  or  other  crime,  who  shall  flee 
from  justice,  and  be  found  in  another  State, 
shall,  on  demand  of  the  executive  authority 
of  the  State  from  which  he  fled  be  delivered 
up,  to  be  removed  to  the  State  having  juris- 
diction of  the  crime. 

3-  No  person  held  to  service  or  labor  in 
one  State,  under  the  laws  thereof,  escaping 
into  another,  shall,  in  consequenceof  any  law 
or  regulation  therein,  be  discharged  from  such 
service  or  labor  ;  but  shall  be  delivered  up 
on  claim  of  the  party  to  whom  such  service 
or  labor  may  be  due. 

Section  III. — i.  New  States  may  be  ad- 
mitted by  Congress  into  this  Union  ;  but  no> 
new  State  shall  be  formed  or  erected  within 
the  jurisdiction  of  any  other  State,  or  any 
State  be  formed  by  the  junction  of  two  or 
more  States,  or  parts  of  States,  without  the 


CONSTITUTION  OF  THE  UNITKD  STATES.    211 

consent  of  the  legislatures  of  the  States  con- 
cerned, as  well  as  of  Congress. 

2.  Congress  shall  have  power  to  dispose 
of,  and  make  all  needful  rules  and  regula- 
tions respecting  the  territory  or  other  prop- 
erty belonging  to  the  United  States  ;  and 
nothing  in  this  Constitution  shall  be  so  con- 
strued as  to  prejudice  any  claims  of  the 
United  States,  or  of  any  other  particular  State. 

Section  IV. — The  United  States  shall  guar- 
antee to  every  State  in  this  Union  a  republi- 
can form  of  government,  and  shall  protect 
each  of  them  against  invasion  ;  and,  on  ap- 
plication of  the  legislature,  or  of  the  executive 
(when  the  legislature  cannot  be  '^^nvened), 
against  domestic  violence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of 
both  houses  shall  deem  it  necessary,  shall 
propose  amendments  to  this  Constitution  ; 
or,  on  the  application  of  the  legislatures  of 
two  thirds  of  the  several  States,  shall  call 
a  convention  for  proposing  amendments, 
which,  in  either  case,  shall  be  valid,  to  all 
intents  and  purposes,  as  parts  of  this  Consti- 
tution, when  ratified  by  the  legislatures  of 
three  fourths  of  the  several  States,  or  by  con- 
ventions in  three  fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  maybe  pro- 
posed by  Congress  ;  provided  that  no  amend- 
ment which  may  be  made  prior  to  the  year 
one  thousand  eight  hundred  and  eight  shall 


212    CONSTITUTION  OP  THE  UNITED  STATES. 

in  any  manner  affect  the  lirst  and  fourth 
clauses  in  the  nintli  section  of  the  lirst  article  ; 
and  that  no  State,  without  its  consent,  shall 
be  deprived  of  its  equal  suffrage  in  the  Sen- 
ate. 

ARTICLE  VI. 

1.  All  debts  contracted,  and  enga^^cmcnts 
entered  into,  before  the  adoption  of  this  Con- 
stitution, shall  be  as  valid  ai^ainst  the  United 
States  under  this  Constitution  as  under  the 
Confederation. 

2.  This  Constitution,  and  the  laws  of  the 
United  States  which  shall  be  made  in  pursu- 
ance thereof,  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of 
the  land  ;  and  the  Judg^es  in  every  State  shall 
be  bound  thereby,  anything  in  the  constitu- 
tion or  laws  of  any  State  to  the  contrary  not- 
withstanding. 

3.  The  Senators  and  Representatives  be- 
fore mentioned,  and  the  members  of  the 
several  State  legislatures,  and  all  executive 
and  judicial  othcers,  both  of  the  United 
States  and  of  the  several  States,  shall  be 
bound  by  oath  or  aflirmation  to  support  this 
Constitution  ;  but  no  religious  test  shall 
ever  be  required  as  a  qualification  to  any 
office  or  public  trust  under  the  United  States. 

ARTICLE  VII. 
The  ratification  of  the  conventions  «f  nine 


CONSTITUTION  OF  THE  UNITED  STATES.    213 

States  shall  be  sufficient  for  the  establish- 
ment of  this  Constitution  between  the  States 
so  ratifying  the  same. 

Done  in  convention  by  the  unanimous  con- 
sent of  the  States  present,  the  seventeenth 
day  of  September,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty- 
seven,  and  of  the  Independence  of  the 
United  States  of  America  the  twelfth.  In 
witness  whereof  we  have  hereunto  sub- 
scribed our  names. 

George  Washington, 

Presidejit,  and  Deputy  from  Virginia, 

AMENDMENTS  TO  THE  CONSTITUTION 
OF  THE  UNITED  STATES. 

Article  I. — Congress  shall  make  no  law 
respecting  an  establishment  of  religion,  or 
prohibiting  the  free  exercise  thereof ;  or 
abridging  the  freedom  of  speech  or  of  the 
press ;  or  the  right  of  the  people  peaceably 
to  assemble,  and  to  petition  the  government 
for  a  redress  of  grievances. 

Article  II. — iV  well-regulated  militia  being 
necessary  to  the  security  of  a  free  State,  the 
right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed. 

Article  III. — No  soldier  shall,  in  time  of 
peace,  be  quartered  in  any  house  without 
the  consent  of  the  owner  ;  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

Article  IV. — The  right  of  the  people  to  be 


214    CONSTITUTION  OF  THE  UNITED  STATES. 

secure  in  their  persons,  houses,  papers,  and 
effects,  against  unreasonable  searches  and 
sei7Aircs,  shall  not  be  violated  ;  and  no  war- 
rants shall  issue  but  upon  probable  cause, 
supported  by  oath  or  aftirmation,  and  particu- 
larly describing  the  place  to  be  searched,  and 
the  persons  or  things  to  be  seized. 

Article  V. — No  person  shall  be  held  to 
answer  for  a  capital  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indict- 
ment of  a  grand  jury,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service  in  time  of  war  or 
public  danger  ;  nor  shall  any  person  be  sub- 
ject for  the  same  offense  to  be  put  twice  m 
jeoj^ardy  of  life  or  limb  ;  nor  shall  be  com- 
pelled in  any  criminal  case  to  be  witness 
against  himself;  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of 
law  ;  nor  shall  private  property  be  taken 
for  public  use  without  just  compensation. 

Article  VI. — In  all  criminal  prosecutions  the 
accused  shall  enjoy  the  right  to  a  speedy  and 
public  trial,  by  an  impartial  jury  of  tlie  State 
and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been 
previously  ascertained  by  law  ;  and  to  be  in- 
formed of  the  nature  and  cause  of  the  accusa- 
tion ;  to  be  confronted  with  the  witnesses 
against  him  ;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor ;  and  to 
have  the  assistance  of  counsel  for  his  de- 
fense. 


CONSTITUTION  OF  THE  UNITED  STATES.   215 

Article  VII. — In  suits  at  common  law, 
where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved;  and  no  fact  tried  by  a  jury 
shall  be  otherwise  re-examined  in  any  court 
of  the  United  States,  than  according  to  the 
rules  of  the  common  law. 

Article  VIII. — Excessive  bail  shall  not  be 
required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

Article  IX.  = — The  enumeration  in  the  Con- 
stitution of  certain  rights  shall  not  be  con- 
strued to  deny  or  disparage  others  retained 
by  the  people. 

Article  X. — The  powers  not  delegated  to 
the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

Article  XI. — The  judicial  power  of  the 
United  States  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States 
by  citizens  of  another  State,  or  by  citizens  or 
subjects  of  any  foreign  state. 

Article  XII. — i.  The  electors  shall  meet 
in  their  respective  States,  and  vote  by  ballot 
for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of 
the  same  State  with  themelves.  They  shall 
name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice-President ;  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as 


216    CONSTITUTION  OF  THE  UNITED  STATES. 

President,   and  of  all  persons    voted  iur   as 
Vice-President,  and  of  the  number   of  votes 
for  each  ;  which  lists  they  shall  sign  and  cer- 
tify, and  transmit  sealed  to  the  seat  o(  the 
government  of  the  United  States,  directed  to 
the  President  of  the  Senate.     The  President 
of  the  Senate  shall,   in  the   presence   of  the 
Senate  and  House  of  Representatives,  oj^en 
all  the  certiticates,  and  the  votes  shall  tlien 
be  counted.      The  person  having  the  greatest 
number  of  votes  for  President  shall  be   the 
President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed  :  and 
if  no  person  have  such  majority,  then   from 
the  persons  having  the  highest  numbers,  not 
exceeding  three,  on  the  list  of  those  voted  for 
as  President,  the  House   of   Representatives 
shall    choose     immediately,    by    ballot,    the 
President.      Put,    in  choosing  the  President, 
the  votes  shall  be  taken  by  States,  the  repre- 
sentation from  each  State  having  one  vote  : 
a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall 
be  necessary  to  a  choice.     And  if  the  House 
of  Representatives  shall  not  choose  a  Presi- 
dent, whenever  the  right  of  choice  shall  de- 
volve  upon  them,  before  the    fourth  day  of 
March  next  following,   then  the  Vice-Presi- 
dent shall  act  as  President,  as  in  the  case  of  the 
death  or  other  constitutional  disability  of  the 
President. 

2.  The  person  having  the  greatest  number 


CONSTITUTION  OF    THE  UNITED  STATES.    217 

of  votes  as  Vice-President  shall  be  the  Vice- 
President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed  ; 
and  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list  the  Sen- 
ate shall  choose  the  Vice-President.  A  quo- 
rum for  the  purpose  shall  consist  of  two- thirds 
of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be 
necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible 
to  the  office  of  President  shall  be  eligible  to 
that  of  Vice-President  of  the  United  States. 

Article  XIII. — Seclion  I. — Neither  slavery 
nor  involuntary  servitude,  except  as  a  pun- 
ishment for  crime,  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within 
the  United  States,  or  any  place  subject  to 
their  jurisdiction. 

Section  II. — Congress  shall  have  power  to 
enforce  this  Article  by  appropriate  legislation. 

Article  XIV.  —  Section  I.  —  All  persons 
born  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens 
of  the  United  States,  and  of  the  State  wherein 
they  reside.  No  State  shall  make  or  enforce 
any  law  which  ;hall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States  ; 
nor  shall  any  State  deprive  any  person  of 
life,  liberty,  or  ^Toperty,  without  due  process 
of  law  ;  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws. 

Section  II. — Representatives  shall  be   ap- 


218    COXSTITUTJON  OF  THE  UNITED  STATES. 

portioned  amoni^  the  several  States  according 
to  their  respective  numbers,  counting  the 
whole  number  of  persors  in  each  State,  ex- 
chiding  Indians  not  taxed.  But  when  the 
ri<rht  to  vote  at  any  election  for  the  choice  of 
electors  for  President  or  Vice-iVesident  of  the 
I'nited  States,  Representatives  in  Congress, 
the  executive  and  judicial  officers  of  a  State, 
or  the  members  of  the  legislature  thereof,  is 
denied  to  any  of  the  male  inhabitants  of  such 
State,  being  twenty-one  years  of  age,  and 
citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion 
or  other  crime,  the  basis  of  representation 
therein  shall  be  reduced  in  the  proportion 
which  the  number  of  such  male  citizens  shall 
bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  State. 

Section  III.  — No  person  shall  be  a  Senator 
or  Representative  in  Congress,  or  elector  of 
President  and  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United 
States,  or  under  any  State,  who,  having 
previously  taken  an  oath  as  a  member  ot 
Congress,  or  as  an  ofiticerof  the  United  States, 
or  as  a  member  of  any  State  legislature,  or 
as  an  executive  or  judicial  officer  of  any 
State,  to  support  the  Constitution  of  the 
United  States,  shall  have  engaged  in  insur- 
rection or  rebellion  against  the  same,  or 
given  aid  or  comfort  to  the  enemies  thereof. 
But  Congress  may,  by  a  vote  of  two  thirds 
of  each  house,  remove  such  disability. 


CONSTITUTION  OF  THE  UNITED  STATES.   219 

Secfioji  IV. — The  validity  of  the  public 
debt  of  the  United  States,  authorized  by  law, 
including  debts  incurred  for  payment  of 
pensions  and  bounties  for  services  in  sup- 
pressing insurrection  or  rebellion,  shall  not 
be  cjuestioned.  But  neither  the  United  States 
nor  any  State  shall  assume  or  pay  any  debt 
or  obligation  incurred  in  aid  of  insurrection 
or  rebellion  against  the  United  States,  or  any 
claim  for  the  loss  or  emancipation  of  any 
slave  ;  but  all  such  debts,  obligations,  and 
claims  shall  be  held  illegal  and  void. 

Section  V. — The  Congress  shall  have  power 
£0  enforce,  by  appropriate  legislation,  the 
provisions  of  this  Article. 

Article  XV. — Section  I. — The  right  of  citi- 
zens of  the  United  States  to  vote  shall  not  be 
denied  or  abridged  by  the  United  States  or 
by  any  State  on  account  of  race,  color,  or 
previous  condition  of  servitude. 

Section  II.  — The  Congress  shall  have  power 
to  enforce  this  Article  by  appropriate  legis- 
lation. 


DECLARAllON  OF  TXDEPEXDEXCE. 


When*,  in  the  course  of  human  events,  it 
becomes  necessary  for  one  people  to  dissolve 
the  political  bands  which  have  connected 
them  M'ith  another,  and  to  assume,  amonef 
the  jiowers  of  the  earth,  the  separate  and 
e<{ual  station  to  which  the  laws  of  Nature 
and  Nature's  (iod  entitle  them,  a  decent  re- 
spect to  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel 
them  to  the  separation. 

We  hold  these  truths  to  be  self-evident  ; 
that  all  men  are  created  equal  ;  that  they  are 
endowed  by  their  Creator  with  certain  inalien- 
able rii^hts  ;  that  amoni^  these  are  life,  lib- 
erty, and  the  pursuit  of  haj)j)iness.  That  to 
secure  these  ritfhts,  governments  are  insti- 
ted  among-  men,  deriving  their  just  powers 
from  the  consent  of  the  governed  ;  that  when- 
ever any  form  of  government  becomes  de- 
structive of  these  ends,  it  is  the  right  of  the 
people  to  alter  or  to  abolish  it,  and  to  institu- 
tutute  a  new  government,  laying-  its  founda- 
tion on  such  jirinciples,  and  organizinj^  its 
powers  in  such  form  as  to  tliem  shall  seem 
most  likely  to  effect  their  safety  and  happi- 

220 


DECLARATION  OF  INDEPENDENCE.    22l 

ness.  Prudence,  indeed,  will  dictate  that 
governments  long  established  should  not  be 
changed  for  light  and  transient  causes  ;  and 
accordingly  all  experience  hath  shown  that 
mankind  are  more  disposed  to  suffer,  while 
evils  are  sufferable,  than  to  right  themselves, 
by  abolishing  the  forms  to  which  they  are 
accustomed.  But  when  a  long  train  of  abuses 
and  usurpations,  pursuing  invariably  the 
same  object,  evinces  a  design  to  reduce  them 
under  absolute  despotism,  it  is  their  right,  it 
is  their  duty,  to  throw  off  such  government, 
and  to  provide  new  guards  for  their  future 
security.  Such  has  been  the  patient  suffer- 
ance of  these  colonies,  and  such  is  now  the 
necessity  which  constrains  them  to  alter  their 
former  systems  of  government.  The  history 
of  the  present  king  of  Great  Britain  is  a  his- 
tory of  repeated  injuries  and  usurpations,  all 
having  in  direct  object  the  establishment  of 
an  absolute  tyranny  over  these  States.  To 
prove  this,  let  facts  be  submitted  to  a  candid 
world  : 

He  has  refused  his  assent  to  laws  the  most 
wholesome  and  necessary  for  the  pubHc 
good. 

He  has  forbidden  his  governors  to  pass 
laws  of  immediate  and  pressing  importance, 
unless  suspended  in  their  operation  till  his 
assent  should  be  obtained ;  and  when  so  sus- 
pended he  has  utterly  neglected  to  attend  to 
them.  He  has  refused  to  pass  other  laws  for 
the  accommodation  of  large  districts  of  peo- 


222        DECLARATION    OF    INDEPENDENCE. 

pie,  unless  those  people  would  relinquish 
the  right  of  representation  in  the  legislature 
— a  right  inestimable  to  them,  and  formid- 
able to  tyrants  only. 

He  has  called  together  legislative  bodies  at 
places  unusual,  uncomfortable,  and  distant 
from  the  repository  of  the  public  records,  for 
the  sole  purpose  of  fatiguing  them  into  com- 
pliance with  his  measures. 

lie  has  dissolved  representative  houses  re- 
peatedly for  opposing,  with  manly  tirmness, 
his  invasions  on  the  rights  of  the  people. 

He  has  refused  for  a  long  time  after  such 
dissolution  to  cause  others  to  be  elected ; 
whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at 
large  for  their  exercise,  the  State  remaining, 
in  the  mean  time,  exposed  to  all  the  dangers 
of  invasion  from  without  and  convulsions 
within. 

He  has  endeavored  to  prevent  the  popula- 
tion of  these  States  ;  for  that  purpose  ob- 
structing the  laws  of  naturalization  of  foreign- 
ers ;  refusing  to  pass  others  to  encourage 
their  migration  hither,  and  raising  the  condi- 
tions of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of 
justice  by  refusing  his  assent  to  laws  for  es- 
tablishing judiciary  powers. 

He  has  made  judges  dependent  on  his  will 
alone  for  the  tenure  of  their  offices  and  the 
amount  of  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices, 


DECLARATION  OF  INDEPENDENCE.    223 

and  sent  hither  swarms  of  officers  to  harass 
our  people,  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace, 
standing  armies,  without  the  consent  of  our 
legislatures. 

He  has  affected  to  render  the  military  in- 
dependent of  and  superior  to  the  civil  power. 

He  has  combined  with  others  to  subject  us 
to  a  jurisdiction  foreign  to  our  Constitution, 
and  unacknowledged  by  our  laws  ;  giving 
his  assent  to  their  acts  of  pretended  legisla- 
tion : 

For  quartering  large  bodies  of  armed  troops 
among  us  : 

For  protecting  them  by  a  mock  trial  from 
punishment  for  any  murders  which  they 
should  commit  on  the  inhabitants  of  these 
States  : 

For  cutting  off  our  trade  with  all  parts  of 
the  world  : 

For  imposing  taxes  on  us  without  our  con- 
sent : 

For  depriving  us,  in  many  cases,  of  the 
benefits  of  trial  by  jury  : 

For  transporting  us  beyond  seas  to  be  tried 
for  pretended  offenses  : 

For  abolishing  the  free  system  of  English 
laws  in  a  neighboring  province,  establishing 
therein  an  arbitrary  government,  and  enlarg- 
ing its  boundaries,  so  as  to  render  it  at  once 
an  example  and  fit  instrument  for  introducing 
the  same  absolute  rule  into  these  colonies  : 

For  taking  away  our  charters,  abolishing 


224        DECLARATIOX    OF    IXDEPEXDEXCE. 

our  most  valuable  laws,  and  altering-,  funda- 
mentally, the  forms  of  our  government  : 

For  suspending  our  own  legislatures,  and 
declaring  themselves  invested  with  power  to 
legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  by- 
declaring  us  out  of  his  protection,  and 
waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our 
coasts,  burnt  our  towns,  and  destroyed  the 
lives  of  our  ])eople. 

He  is  at  this  time  trans]K)rting  large  armies 
of  foreign  mercenaries  to  complete  the  works 
of  death,  desolation,  and  tyranny  already 
begun,  with  circumstances  of  cruelty  and 
l)erfidy  scarcely  paralleled  in  the  most  bar- 
barous ages,  and  totally  unworthy  the  head 
of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens, 
taken  captive  on  the  high  seas,  to  bear  arms 
against  their  country,  to  become  the  ex- 
ecutioners of  their  friends  and  brethren,  or  to 
fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections 
among  us,  and  has  endeavored  to  bring  on 
the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  whose  known  rule  of  war- 
fare is  an  undistinguished  destruction  of  all 
ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we 
have  petitioned  for  redress  in  the  most  humble 
terms  :  our  re])eated  petitions  have  been 
answered  only  by  repeated  injury.      A  prince 


DECLARATION  OF  INDEPENDENCE.   225 

whose  character  is  thus  marked  by  every 
act  which  may  define  a  tyrant  is  unfit  to  be 
the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attentions 
to  our  British  brethren.  We  have  warned 
them,  from  time  to  time,  of  attempts  by 
their  legislature  to  extend  an  unwarrantable 
jurisdiction  over  us.  We  have  reminded 
them  of  the  circumstances  of  our  emigration 
and  settlement  here.  We  have  appealed  to 
their  native  justice  and  magnanimity,  and 
we  have  conjured  them  by  the  ties  of  our 
common  kindred  to  disavow  these  usurpa- 
tions, which  would  inevitably  interrupt  our 
connections  and  correspondence.  They, 
too,  have  been  deaf  to  the  voice  of  justice 
and  consanguinity.  We  must,  therefore,  ac- 
quiesce in  the  necessity  which  denounces 
our  separation,  and  hold  them,  as  we  hold 
the  rest  of  mankind,  enemies  in  war,  in  peace 
friends. 

We,  therefore,  the  representatives  of  the 
United  States  of  America,  in  General  Con- 
gress assembled,  appealing  to  the  Supreme 
Judge  of  the  world  for  the  rectitude  of  our 
intentions,  do,  in  the  name  and  by  the  author- 
ity of  the  good  people  of  these  colonies, 
solemnly  publish  and  declare  that  these 
United  Colonies  are,  and  of  right  ought  to 
be,  free  and  independent  States  ;  that  they 
are  absolved  from  all  alleg-iance  to  the  British 
crown,  and  that  all  political  connection  be- 
tween them  and  the  State  of  Great  Britain  is. 


226        DECLARATION    OF    INDErEXDENCK. 

and  ought  to  be,  totally  dissolved ;  and  that, 
as  free  and  independent  States,  they  have 
full  power  to  levy  war,  conclude  ])eace, 
contract  alliances,  establish  commerce,  and 
to  do  all  other  acts  and  things  which  inde- 
])endent  States  may  of  right  ilo.  And  for  the 
support  of  this  declaration,  with  a  firm  re- 
liance on  the  ])rotection  of  Divine  Providence, 
we  mutually  ])ledge  to  each  other  our  lives, 
our  fortunes,  and  our  sacred  honor. 


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